IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 107 OF 2007 JAMES EDWARD FERNANDES, SAO MATHIAS, TISWADI GOA. ... Petitioner Versus CIRILO LINO FERNANDES, SAO MATHIAS, TISWADI. ... Respondent Mr. S. S. Kantak, Advocate General with Mr. A. Kamat, Additional Government Advocate for the petitioner. Mr. A. D. Bhobe, Advocate for the respondent. Coram:- SMT. R. S. DALVI, J. Date:- 17th April, 2009 P.C. The petitioner was the defendant in the suit filed by the respondent for injunction restraining the petitioner from coming upon and interfering with the suit property. The suit property is a small strip of land on the western side of survey no.85/4 and eastern side of survey no.85/3. The respondent claims title only to that strip of land. The respondent realised that the earlier owner of survey no.85/4 may interfere with the respondent's property and hence in 1997 had brought this fact to his notice. The petitioner (original defendant) purchased the property under the sale deed dated 10.03.1999. The petitioner gave public notice in which he included the suit strip as a part of survey no.85/4. The petitioner purchased the same and built the compound wall and thereafter the respondent sued. The Trial Court refused the interim injunction. The Appellate Court granted injunction restraining the respondent from interfering in any manner with the suit strip of land. 2. The title to the land is disputed. The suit is pending. The impugned order is dated 14.08.2006. The only equitable order pending the suit could be that both the petitioner and the respondent maintain statusquo. Neither party shall interfere with or deal with the plantation in the suit strip of land. The petitioner (original defendant) shall be entitled to develop the land bearing survey no.85/4 without using the FSI of the suit strip of land. The petition is disposed of accordingly. SMT. R. S. DALVI, J. lh/.