SM 1 23.ao.850.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER N O. 580 OF 2010 Rajendra Wamanrao Gundage and another ....Appellants Versus Anand Dada Kuchekar and others ....Respondents ____________ Shri. Prakash D. Gharge for the Appellant. Shri. P. J. Thorat for the Respondent No. 2A. CORAM: J. H. BHATIA, J. DATED : 1 ST JULY, 2011. P.C.: Heard the learned Counsel for the parties. 2. The present Appellants are original Defendant Nos. 1 and 2. The suit filed by the Respondent/Plaintiff for injunction and for removal of encroachment was decreed. Against that decree, the Defendants preferred Regular Civil Appeal No. 256 of 2005. In that Appeal, stay was granted to the extent of removal of encroachment. The Defendants/Appellants filed another Application Exh. 33 before the Appellate Court for restraining the Plaintiffs from making any construction on the City Survey No. 941. That application was rejected by the Appellate Court. That order is challenged in the present Appeal. SM 2 23.ao.850.10 3. For last 6 years, there is no such injunction against the Plaintiffs/Respondents. The Appeal before the District Court is still pending. Taking into consideration the circumstances, in my opinion, it is not necessary to interfere in the impugned order. Interest of justice may be better served by expediting hearing of Appeal before the District Court. 4. This Appeal stands disposed off with direction that the learned District Judge, Satara shall expedite the hearing and dispose off the RCA No. 256 of 2005 at the earliest and preferably within six months. (J. H. BHATIA, J.)