1 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.10217 OF 2009 Sou. Ashabai Shamrao Chavan ...Petitioner vs. Prabhakar Anant Godbole ...Respondent Mr.R.S.Alange for the petitioner Mr.G.S.Godbole i/b Ms Jai Kanade for the respondent CORAM :A.S.OKA,J. DATE : MAY 7, 2010 P.C.: 1 Heard the learned counsel for the petitioner and the learned counsel for the respondent. The challenge in this writ petition under Article 227 of the Constitution of India is to the order dated 22nd October 2009 by which the application for temporary injunction pending an appeal under clause (r) of Rule 1 of Order XLIII of the Code of Civil Procedure,1908 has been rejected. The learned counsel for the respondent has tendered an affidavit of the respondent which is taken on record and is marked `X' for identification. 2 In view of the said affidavit, it is not necessary to deal with the petition on merits. In view of the statement made in clause (3) of the said affidavit, the petitioner is sufficiently protected during the pendency of the appeal. It must be noted here that the affidavit has been tendered by the respondent without prejudice to his rights and contentions and without admitting the claim of the petitioner. 3 Hence, petition is disposed of by passing following 2 order : i) Affidavit of the respondent is taken on record. The statements made in the affidavit are accepted. ii)Considering the peculiar nature of the proceedings, the appeal will have to be disposed of immediately.The Appellate Court is directed to decide the appeal as expeditiously as possible and in any event on or before 30th June 2010. iii)It is made clear that no adjudication has been made by this Court on merits of the controversy and all contentions of the parties on merits in the pending appeal are kept open. iv)While deciding the appeal, the Appellate Court will not be influenced by the statements made in the affidavit which is tendered on record of the petition without prejudice to the rights and contentions of the respondent. v) Writ of this order shall be dispatched on or before 31st May 2010. vi)The Appellate Court to act upon a certified copy of this order. JUDGE