1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3738 OF 2008 Shri Balasaheb Jyoti Patil & Anr. ... Petitioners. (Orig. Defendants) V/s. Kalpana Kantilal Gujar. ... Respondent. (Orig. Plaintiff) Mr. Bhushan A. Walimbe for the Petitioners. Mr. P.G. Chavan for Respondent No.1. CORAM : S.C. DHARMADHIKARI, J. DATED : 15TH JUNE, 2009. P.C. :- After hearing Mr. Walimbe, learned Advocate appearing for the Petitioners at some length, I am of the opinion that there is no reason to interfere with the order under challenge. 2. The Lower Appellate Court has confirmed the prima-facie conclusion with regard to some of the lands but has allowed the Petitioners’ Appeal in so far as Gut No. 2561 is concerned. 2 3. The Lower Appellate Court so also the Trial Court has rightly relied upon the fact that as on the date of the institution of the suit, the Petitioners - Original Defendants could not point out that they were in physical possession of the subject land. There is no reason to interfere at this stage merely because of the apprehension expressed by Mr. Walimbe. All observations are tentative and prima-facie and made while disposing of the injunction application. Such orders do not bind the Trial Court which would try the Suit on its own merits and in accordance with law considering that the injunction has been partly vacated and since the Suit is pending since 2001, the Trial Court should endevour and dispose off the Suit as expeditiously as possible and by 10th January 2010. Parties shall co-operate with the Trial Court and not seek unnecessary adjournments. 4. Petition dismissed subject to above. No costs. S.C. DHARMADHIKARI, J.