1 ao578.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Appeal from Order No. 578 of 2011 WITH Civil Application No. 798 of 2011 IN AO No. 578 of 2011 Mr. Kiran Prakash Dhatingan & anr. ....Appellants v/s. Mr. Madhukar Dattatraya Gite & ors. ....Respondents Mr. S.A.Sawant a/w. Ketan Joshi for the appellants. Mr. S.S.Kulkarni for respondent no.5. Mr. M.M. Sathaye for respondents 1 and 2. CORAM: R.M. BORDE, J. 28th November, 2011 PC: Heard arguments advanced by respective Counsel appearing for the parties. On perusal of the impugned order and after considering the arguments advanced by respective Counsel appearing for the parties, I am of the view that order passed by the trial Court rejecting an application at exhibit 5 presented by the original plaintiffs-appellants herein does not call for any interference. The ends of justice would be met if the trial Court is directed to decide the pending suit expeditiously. 2. The Appeal from Order is, therefore, disposed of with a direction to the trial Court to decide Special Civil Suit No. 136/2010 as expeditiously as possible preferably within one year from today. 3. The observations made in the Judgment while rejecting an application for interim-relief are of a prima-facie nature and the trial Court would not be 2 ao578.11.sxw influenced by the observations made while deciding application at exhibit 5 and shall decide the suit on its own merits and in accordance with provisions of law. 4. In view of disposal of Appeal from Order, pending civil application does not survive and stands disposed of. (R.M.BORDE, J)