1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10026 OF 2009 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri P.K. Dhakephalkar, Sr. Advocate i/by Shri K.J. Kandpile for the Petitioners. Shri Rahul Thakur for Respondent No.2. Shri Bipin Joshi for Respondent No.5. -- CORAM : A.S.OKA, J. DATE : 3rd February, 2010. P.C.: . Heard Learned Senior Counsel appearing for the Petitioners. The Petitioners are the original Plaintiffs who filed a suit for declaration and injunction. The suit was contested by the Respondents. The suit was dismissed. An appeal was preferred by the Petitioners in the year 2007 before the District Court. The said Appeal has been admitted. An application for temporary injunction was made in the said Appeal which has been rejected by the impugned order. 2. The prayer in the application for temporary 2 injunction was for restraining the 7th Respondent from giving the possession of the plots to be allotted to the 1st to 6th Respondents and further injunction restraining the 8th Respondent from paying any amount of compensation of any type in respect of the suit lands to the 1 to 6E Respondents. Further injunction was claimed restraining the Respondents Nos.1 to 6E from selling or creating any third party interests or carrying out any sort of construction on the allotted plots of land in lieu of the suit lands. 3. The suit has been dismissed on 30th October, 2007. The order impugned has been passed on 7th August, 2008 and as of today, there is no ad-interim or interim relief operating in favour of the Petitioners from October, 2007. It is obvious that, however, all actions of the Respondents relating to the suit property will be subject to the final outcome of the appeal and all transfers, if effected, will be subject to final outcome of the said Appeal. Therefore, in writ jurisdiction under Article 227 of the Constitution of India, at this stage, no interference is called for. Hearing of the Appeal deserves to be expedited. 3 4. Subject to what is observed above, the Writ Petition is rejected. All contentions of the parties in the pending Appeal are kept open. Hearing of the Appeal is expedited. The Appellate Court will endeavour to decide the Appeal finally on or before 30th April, 2010. It is obvious that the Appeal will be decided on its own merits and without being influenced by the observations made in the impugned order. (A.S.OKA,J) ash