1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION NO. 940/2007 (Raju Yogesh Sirsikar Vs. Jaiwant Cooperative Housing Society & ors.) and WRIT PETITION NO. 1351/2007 (Nirmal Co-op. Housing Society Vs. Jaiwant Cooperative Housing Society & ors.) Appeal District : Application No. of 200 Writ petition Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. Mr. R.S. Parsodkar, Adv. for petitioners. Mr. A,K. Bangadkar, Adv. for respondent no.1. Mrs. S.S. Wandile, A.G.P. for R- 2 & 3. Mr. M.K. Ambilwade, Adv. for R-4. CORAM : Smt. Vasanti A. Naik, J. DATED : 1 st OCTOBER, 2008. Heard the learned counsel for the parties. It appears that the suit is filed in the year 2005. These writ petitions were filed in the year 2007, and the trial Court had granted injunction in favour of the plaintiff and the order of injunction was confirmed by the first appellate Court in an appeal against the order. The injunction granted in favour of the plaintiff is operating as on today as this Court had not passed any interim order in the instant petitions. The pendency of these petitions would not serve the purpose and the counsel for the parties, therefore, agree that these writ petitions may be disposed of and the trial Court 2 may be directed to decide the matter as early as possible and in any case, within a period of six months from today. In view of the fact that the injunction is operational in favour of the plaintiff for a period of 2½ years and the writ petitions are pending before this Court for more than 1½ year, it is necessary to dispose of the same with the direction to the trial Court to decide the suit positively within a period of six months from today. Regular Civil Suit No. 821/2005 should, therefore, be decided by the trial Court within a period of six months from today. It is brought to the notice of this Court by the learned counsel for the parties that during the pendency of these writ petitions, in pursuance of the order dated 14/8/2007, the City Survey Department was directed to undertake the measurements of the suit property in presence of the concerned parties and to prepare a report and submit the same in this Court. The report of the City Survey Department dated 18/10/2007 is furnished in this Court. Some of the parties do not agree with the report submitted by the City Survey Department and desire to raise objections to the same. The parties would, therefore, be at liberty to raise objections to the report submitted by the City Survey Department in this Court. Both the writ petitions are disposed of in 3 the aforesaid terms. It is needless to mention that the findings recorded by the trial Court and the first appellate Court are recorded in an order passed on an interlocutory application and would not affect the merits of the case. JUDGE RMP