1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 381 OF 2003 ALONG WITH CIVIL APPLICATION NO. 567 OF 2003 Mahendra Eknath Teredesai ) Adult, Occ: Business, residing at Eknath ) Apartment, 3rd floor, M.G.Road, Mulund (W) Mumbai 400 080. ).. Appellant. Vs. 1. Narayan Keshaf Teredesai ) Adult, Occ: Medical Practitioner ) Through his Constituted Attorney ) Shri Rajasa N. Teredesai ) Adult, Residing at 205/206, ) New Building Shastri Hall, ) Nana Chowk, Grant Road (W), ) Mumbai 400 007. ) 2. Dattatraya Eknath Teredesai ) Adult, Occ: Business ) Residing at Aseen Anand, ) G.K.Gokhale Road, Mulund (E) ) Mumbai 400 081. ).. Respondents Rajesh S. Datar, Advocate, for the appellant. CORAM: J.H.BHATIA, J. DATE : 15th March , 2010. JUDGMENT: 1. Heard the learned Counsel for the appellant. None for the 2 respondents. 2. The appellant and respondent No.2 are brothers inter-se and are original defendants in S.C. Suit No.4896 of 2002. Respondent No.1 is the original plaintiff. The plaintiff is the cousin of the defendants. The suit was filed by him to restrain the defendants from carrying on any construction work on the suit property. Pending the said suit, in Notice of Motion No.3572 of 2002, the learned trial Court by order dated 11.2.2003 restrained the defendants from making any construction and creating any third party interest. That order is still operating. This appeal is against that order. The suit is still pending before the trial Court. As the suit is 8 years old and as the temporary injunction is in operation for last more than 7 years, in my considered opinion, no purpose will be served by interfering in that order at this stage. Instead, it will be in the interest of justice to direct the trial Court to finally hear and dispose of the suit itself. 3. Therefore,the trial Court is hereby directed to expedite the hearing and to dispose of the suit No.4896 of 2002 as early as possible and, in any case, within six months from this day. Appeal stands disposed of accordingly. Civil Application does not survive and stands disposed of. (J.H.BHATIA,J.) 3