IN THE HIGH COURT OF BOMBAY AT GOA APPEAL FROM ORDER NO. 88 OF 2009 MR. LAZARUS PASCOAL FERNANDES ... Appellant Versus MR. SYLVESTER ROCHA AND 5 ORS., ... Respondents Mr. Shivn Dessai, Advocate for the Appellants. Mr. Siddharth Kashalkar, Shri Guru Shirodkar For R.4 & R.5. Mr. J.A. Lobo, Advocate for Respondent nos.1 and 2. Coram:- F. M. REIS, J. Date:- 23rd July, 2010 P.C: This appeal is challenging the order passed by the learned District Judge dismissing the application for temporary injunction filed by the appellant.By the impugned order the learned Judge has come to a prima facie conclusion that the distance from the well to the soak pit is more than 15 metres. The learned counsel appearing for the appellant has disputed the said finding in the impugned order. 2. On perusal of the impugned order, I find that the learned Judge has correctly come to a prima facie finding that there is no breach of statutory requirement, of maintaining the distance of the soak pit to the existing well as it is more than 15 metres apart. This prima facie finding is based on the certificate of consulting Civil Engineer. Thus learned Judge has exercised his discretion in an appropriate manner based on evidence on record and no interference is called for at this stage by this Court. Nevertheless, I find that interest of justice would be met in case the Civil Suit No.06 of 2009 is ordered to be disposed of as expeditiously as possible without being influenced by the findings arrived at in the impugned order considering that it involves alleged contamination of the water from the well. 3. In view of the above the appeal stands dismissed. The learned District Judge is directed to dispose the civil suit no.06 of 2009 as expeditiously as possible without being influenced by the findings in the impugned order and in accordance with law. F. M. REIS, J. ap/-