1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.6675 OF 2009 Prabhakar Devram Jadhav & Ors. ...Petitioners vs. Tulsabaii Dharmaraj Jadhav ...Respondent Mr.R.N.Gite for the petitioners None for the respondent CORAM :A.S.OKA,J. DATE : OCTOBER 9, 2009 P.C. 1 The petitioners in this writ petition under Article 227 of the Constitution of India are the defendants in a suit filed by the respondent-plaintiff. An application for temporary injunction was made at Exhibit 5 which was allowed by the trial court by granting temporary injunction restraining the petitioners from interfering with the possession of the respondent-plaintiff over the suit property. 2 On the ground that the petitioners have committed breach of the order of temporary injunction, an application was made by the respondent before the trial court. Trial court passed the impugned order dated 9 th July 2009 directing that the police aid be granted to the respondent for implementation of the said order below Exhibit 5. 3 The learned counsel for the petitioner submitted against the order of temporary injunction, the 2 petitioners have preferred an appeal in which there is a delay. 4 As of today, the order granting temporary injunction has not been stayed. So long as the order granting temporary injunction is not stayed the said order operates. The learned counsel for the petitioners prayed that a limited protection may be granted for eight weeks to enable the petitioners to apply for stay before the Appellate Court. If the Appellate Court does not grant stay within the time granted by this court, the impugned order will have to be forthwith implemented. Hence, the petition is disposed of by passing the following order : i) The impunged order passed below Exhibit 30 dated 9 th July 2009 will not be implemented till 19 th November 2009 to enable the petitioners to apply for appropriate interim relief before the Appellate Court. If such application is made, the Appellate Court will decide the same expeditiously. ii)The impugned order will operate if the order below Exhibit 5 is not stayed by the Appellate Court on or before 19 th November 2009. iii) Writ Petition is disposed of accordingly. JUDGE