WP/7550/2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7550 OF 2010 Grampanchayat, Shirval, Thru’ Village Development Officer, Tal. Khandala, Dist. Satara, ... Petitioner V/s. Lalaso Dattatraya Deshmukh & Ors. ... Respondents Mr. R.S. Apte, Sr. Counsel, i/b. Mr. Dilip Bodake for the Petitioner. Mr. A.V. Anturkar, Sr. Counsel, i/b. Mr. S.R. Page for Respondent Nos.1 to 6. Mr. S.D. Rayrikar, AGP, for Respondent Nos.8 to 10. CORAM : B.R. GAVAI, J. DATE : 14 TH MARCH, 2011. P.C. : 1. Rule. Rule made returnable forthwith, by consent. 2. Both the learned Counsel appearing on behalf of the parties submit that since the present Petition arises out of an interlocutory proceedings, the following order shall sub-serve the interest of justice : WP/7550/2010 2 “O R D E R” (i). That the learned trial Court is directed to decide the Regular Civil Suit No.26 of 2010 as expeditiously as possible and in any case on or prior to 31st May, 2011. (ii). Since the Suit involves a question which could affect the various citizens residing in that Village, the learned trial Court is directed to proceed with the hearing of the Regular Civil Suit No.26 of 2010 on day to day basis, if necessary. (iii). Mr. Anturkar, the learned Counsel appearing on behalf of Respondent Nos.1 to 6, i.e. the plaintiffs, and Mr. Apte, the learned Counsel appearing for the Petitioner, i.e. the Defendant, categorically state that their clients would not seek unnecessary adjournments and would co-operate with the hearing of the Regular Civil Suit No.26 of 2010 WP/7550/2010 3 (iv). Till the disposal of the Regular Civil Suit No.26 of 2010, the parties are directed to maintain status-quo existing as on today. (v). It is made clear that neither the Petitioner nor the Respondents shall make any construction including the construction or repairs of the road till the decision of the Regular Civil Suit No.26 of 2010. (vi). In the event of any imminent exigencies, the parties would be at liberty to apply to the learned trial Court. (vii). Since the aforesaid order is being passed on the consensus of the parties, it is needless to state that this Court has not considered the matter on merits and the learned trial Court shall decide the Regular Civil Suit No.26 of 2010 on its own merits on the basis of the evidence to be led before it. WP/7550/2010 4 (viii). The parties to appear before the learned trial Court on 21st March, 2011 and would file application before the learned trial Court for taking the case on board. 3. The Writ Petition is disposed of with the aforesaid directions. 4. Parties to act on the authenticated copy of this order. [B.R. GAVAI, J.]