FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO.8317 OF 2007 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr Arun H. Palekar, for the petitioner. CORAM: D.B.Bhosale,J. DATED: 14.02.2008 P.C.: Heard learned counsel for the petitioner. This petition is directed against concurrent findings of the courts below in the proceedings arising from Exhibit-5 application filed by the petitioner-plaintiff seeking injunction against the respondents-defendants. Mr Palekar, learned counsel for the petitioner, submits that the appellate court has failed to look into the Court Commissioner’s report in its totality and has, therefore, reached the wrong conclusions. I perused both the judgments. In my opinion, the appellate Court has taken into consideration the Court Commissioner’s report in proper perspective and it has made reference thereto in paragraph 10 of the judgment. I find no merit in the writ petition warranting interference by this Court in writ jurisdiction under Article 227 of the Constitution of India. Hence, the writ petition is dismissed. However, looking to the nature of controversy, the trial Court shall endeavour to dispose of the suit as expeditiously as possible and preferably within one year from the date of receipt of this order. It is needless to express that the trial Court shall decide the suit on merits in accordance with law and uninfluenced by the observations made in these proceedings. (D.B.Bhosale, J.)