:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 6155 OF 2007 Shubhalakshmi Mahila Dudh Sanstha Maryadit, Shahapur ...Petitioners Versus Smt.Sonabai Sitaram Kapse ....Respondent ====== Mr.S.S.Patwardhan Adv. for the petitioners. Mr.S.V.Sadavarte, Adv. for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 21ST FEBRUARY,2008. P.C. P.C. P.C. : : : 1. This Writ petition is directed against the order passed by the lower Appellate Court dismissing the Misc.Civil Appeal preferred by the petitioner-original defendant. 2. The order in the Misc. Civil Appeal confirms that of the Trial Court granting an injunction in favour of the plaintiff restraining the defendants from putting up any construction, until the Civil Suit is :2: :2: :2: heard and disposed off. 3. Prima-facie the petitioner-defendant has purchased the property under a Sale-Deed dated 11.4.2005. According to the petitioner, this was an house property and the earlier construction thereon was been removed for a new construction. There is no question of the petitioner encroaching or disturbing the rights of the original plaintiff, insofar as, plaintiff’s property is concerned. 4. Upon perusal of the materials produced, it is apparent that the petitioner has purchased the share of one Shahbuddin. They are co-sharers. It is yet to be ascertained as to whether the Sale-Deed of the petitioner covers a portion which exclusively comes to the share of Shahabuddin and could therefore have been alienated or it is a common open space to the southern side of House Property No.142 and 143. Ultimately, the question being of open space and the shares of the co-sharers yet to be ascertained and proved, the courts below were right in restraining the petitioner from putting up any construction on the suit property. :3: :3: :3: Prima-facie, the petitioner having stepped in after the Sale deed of 11.4.2005 and the contents of the documents yet to be proved, the order under challenge requires no interference. Petition dismissed. However, hearing of Reg.Civil Suit No.150 of 2006 is expedited and the Learned Judge to whom the suit is assigned, shall endeavour and dispose off the same as expeditiously as possible and within a period of six months from the date of a receipt of a copy of this order. All contentions on merits are expressly kept open and the suit shall be disposed off without being influenced by any tentative and prima-facie finding. sd/- **********