1 ao581.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Appeal from Order No. 581 of 2011 WITH Civil Application No. 801 of 2011 IN AO No. 581/2011 Shri Rajendra Sopan Hajare ....Appellant v/s. Shri Uttam Tulshiram Vetal ....Respondent Mr. Rahul More i/b. Chetan Bhutada for the appellant. Mr. Arvind Purohit for respondent no.1. CORAM: R.M. BORDE, J. 14th October, 2011 PC: It is informed that the defendants have already completed the construction over the disputed property and the Completion Certificate has been issued by the Pune Municipal Corporation. The Certificate of the Architect has also been presented which indicates that the defendants have completed the construction. 2. In this view of the matter, an order restraining the defendants from carrying out construction cannot be passed. Whatever the construction carried out by the defendants shall obviously be subject to final decision of the suit. The trial Court would take up the suit for disposal and decide the same expeditiously. The trial Court shall not be swayed away or influenced by the observations made by the Court while dealing with the application at Exh. 5. 2 ao581.11.sxw 3. It is made clear that creation of third party interest also would be subject to final disposal of the suit. 4. With these observations, the Appeal from Order stands disposed of. In view of disposal of Appeal from Order, Civil Application does not survive and stands disposed of. (R.M.BORDE, J)