1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.5567 OF 2009 Dnyandeo Buwaji Deokate & Ors. ...Petitioners vs. Hanumant Bhikaji Jadhav ...Respondent Mr.S.V.Sadavarte for the petitioners Mr.Sagar Joshi for respondent no.1 CORAM :A.S.OKA,J. DATE : FEBRUARY 2, 2010 P.C. 1 The learned counsel for the first respondent states that the suggestion made by the learned counsel for the petitioners is not acceptable. The petitioners are the original plaintiffs who filed a suit for perpetual injunction restraining the respondents from preventing the petitioners from digging a well in the suit property. An application for temporary injunction has been made by the petitioner which has been rejected by the trial Court and an Appeal preferred against the said order has been dismissed by the Appellate Court. 2 It is not in dispute that at no stage any ad-interim relief was operating in favour of the petitioners though the suit is filed in March 2008. Considering the tentative concurrent findings which are recorded by the Courts below, this is not a case where interference can be made. The discretionary relief of temporary injunction has been denied by the Courts below to the petitioners. Hence, no case is made out to interfere with the said discretionary order. Writ Petition is rejected. 3 It is made clear that all contentions of the parties on merits of the suit are kept open and the suit shall be 2 decided without being influenced by the tentative findings recorded by the Courts below. Hearing of the suit is expedited and the hearing shall be concluded on or before 31st October 2010. JUDGE