1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.6280 OF 2011. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.S.S.Thombre, advocate for the petitioners. Mr.S.J.Salunke, advocate for the Respondent No.1. CORAM : S.V.GANGAPURWALA,J. Date : 07.09.2011. PER COURT : 1. Heard. 2. The present petitioners are the original plaintiffs who filed suit for declaration and injunction. Along with the suit, the petitioners also filed an application for temporary injunction. The trial Court allowed the application for temporary injunction. Aggrieved thereby, the defendant filed the appeal before the District Court. The District Court allowed the appeal. Aggrieved thereby, the present Writ Petition is filed. 3. The parties have made rival claim about the possession of the property. The lower appellate Court has observed that the defendant No.1 is raising construction by obtaining the construction 2 permission. Mr.Salunke, learned counsel for the Respondent No.1 submits that the construction undertaken by the defendant No.1 is complete and no further construction is required to be made. 4. At this stage only prima facie case is required to be considered. The suit has to be tried and decided on the basis of evidence led. In view of the fact that Respondent No.1 has filed affidavit stating that he would not create third party interest and further that the construction is complete. Ends of justice would be sub-served if the parties are directed to maintain statusquo as on today. 5. In view of the above, the Writ Petition is disposed of by directing the parties to maintain statusquo in respect of the suit property as on today. 6. It is made clear that I have not considered other merit of the matter, in view of the fact that the suit would be required to be decided on merits on the basis of evidence led. 7. The Writ Petition is disposed of with aforesaid directions. (S.V.GANGAPURWALA,J.) Dt.07.09.2011. asp/office/wp6280.11 3