1 wp7866.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 7866 OF 2011 Vithalrao Ramaji Kolhe PETITIONER -VERSUS- Manoj @ Ramrao S/o Jivanrao Gound and others RESPONDENTS ...... Shri V.D. Gunale, advocate for the petitioner ...... CORAM : S.V. GANGAPURWALA, J. DATE : 28th November , 2011. PER COURT : 1. The petitioner is the original plaintiff, who had filed the suit for injunction in respect of land Gut No. 44. The suit came to be dismissed. Against that petitioner has filed appeal before the District Court. The said appeal is pending. In the said appeal, the petitioner has filed an application for temporary injunction. The said application is rejected. Aggrieved thereby, the present Petition is filed. 2. Learned counsel for the petitioner vehemently putforth his submissions. It transpires that since 15th April, 2010, there is no order of injunction in favour of the petitioner. At this stage, it is not appropriate to decide the matter on merits. As such, the interest of justice would be 2 wp7866.11 sub-served by directing the Lower Appellate Court to decide the appeal on merits as expeditiously as possible and preferably within a period of six months from today. The petitioner shall file a paper book before the Lower Appellate Court, if not already filed. 3. The Writ Petition is disposed of in the above terms. No costs. [S.V. GANGAPURWALA] JUDGE ga s/wp7866.11