1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 5544/2007 Mohan s/o Shyamlal Shivhare Vs. Assistant Municipal Commissioner and others. ------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : A.P. LAVANDE, J. DATED : 30/06/2008. Heard Mr. Khare, learned counsel for the petitioner and Mr. Mishra, learned counsel for respondent nos.1 and 2. This petition is directed against the order dated 8.10.2007 passed by the District Judge-3, Nagpur in Misc. Civil Appeal No. 305/2007 by which the application for interim temporary injunction filed by the petitioner has been rejected. The petitioner is original plaintiff in Regular Civil Suit No. 762/2007 filed against the respondents/defendants. The petitioner filed an application for temporary injunction before the trial Court, which was rejected by order dated 1st September, 2007. Against the said order, the petitioner preferred Misc. Civil Appeal No. 305/2007 and in pending appeal he sought temporary 2 injunction, which has been dismissed by the impugned order. This Court by order dated 29.11.2007 has granted Ad-interim injunction against the respondents from demolishing the suit structure and the said order is operative till date. Admittedly, Misc. Civil Appeal No.305/2007 filed by the petitioner has not been disposed of by the lower Appellate Court. Having regard to the fact that interim order is operating in favour of the petitioner since November 2007 and that Misc. Civil Appeal No.305/2007 filed by the petitioner is pending before the lower Appellate Court, I deem it appropriate to direct the District Judge-3, Nagpur to dispose of Misc. Civil Appeal No. 305/2007 expeditiously, without going into merits of the impugned order. In view of the above, the lower Appellate Court shall decide Misc. Civil Appeal No. 305/2007 expeditiously and in any case on or before 30th August, 2008 in accordance with law. Till disposal of the Misc. Civil Appeal No.305/2007 by the Appellate Court, interim order passed by this Court shall be in force. The parties shall appear before the lower Appellate Court on 7th July, 2008 at 11.00 a. m. for further directions. It is made clear that I have not expressed any opinion on the merits of rival 3 contentions. Petition stands disposed of in the aforesaid terms. JUDGE Ambulkar.