:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 602 OF 2008 Sou.Rupali Arvind Gharage and anr. ...Petitioners Versus Shri Jay Bhavani Vyayam Mandal, Registered Public Trust and Ors. ....Respondents ====== Mr.V.R.Mankapure, Adv. for the petitioners. None for the respondents. CORAM: S.C.DHARMADHIKARI, J. 29th January, 2008. P.C. P.C. P.C. : : : 1. Heard Mr.Mankapure appearing for the petitioners. 2. Perused the impugned order rendered at an inter-locutory stage. The lower appellate court has concluded that prima-facie the suit plot is vacant. The plaintiff has proved prima-facie that the document in their favour covers the subject open plot. In such circumstances, and when one of the defendants to the :2: :2: :2: suit purports to have sold the property/open space to the appellant-petitioner before me, then, legality and validity of the transaction is yet to be determined. The courts below were right in granting temporary injunction against the petitioner-defendant no.2. The lower appellate court was right in prima-facie concluding that if the suit proceeds further and a decree is passed in favour of the original plaintiff trust, serious complications may arise, if the construction activity allegedly commenced at site is allowed to proceed. 2. The prima-facie conclusions are consistent with the materials placed on record. Petition is therefore dismissed. The court below to decide the suit without being influenced by any observations at an inter-locutory stage. 3. In the peculiar facts of this case, the hearing of Reg.Civil Suit No. 190 of 2007 is expedited and the Trial Court to endeavour and dispose off the same by 31.12.2008. :3: :3: :3: sd/- *******