1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.1445 OF 2009 Sushil Subhash Shah ...Petitioner vs. Girish Jawerchand Oswal & Ors. ...Respondents Mr.Prashant Bhavake i/b Mr.N.V.Badiwadekar for the petitioner Mr.Sasar Joshi for respondent no.1 Mr.A.P.Vanarse,A.G.P for respondent nos.3 and 4. CORAM :A.S.OKA,J. DATE : AUGUST 6, 2009 P.C. 1 Heard the learned counsel for the petitioner. The petitioner-original plaintiff filed a suit for perpetual injunction in which application for temporary injunction at Exh.5 was made. The said application was rejected by the trial court by order dated 13 th October 2008. In an appeal preferred by the petitioner, an application for temporary injunction was made which has been rejected by the impugned order dated 16 th December 2008. 2 After having heard the learned counsel for the petitioner, I find that there is no scope for interference. There is a prima facie finding recorded that the suit land was not in possession of the petitioner-plaintiff. I am not recording a detailed finding as the Appeal is still pending. Interests of 2 justice will be served if hearing of the appeal is expedited. 3 Hence, I pass the following order : i)Writ Petition is rejected. ii)All questions in the pending appeal are expressly kept open. iii)Hearing of the Appeal is expedited. The Appeal shall be heard and decided as expeditiously as possible and in event on or before 30 th November 2009. JUDGE