1 65 ao.960.10 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 960 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr.S.M.Sabrad for the Applicants. CORAM : A.S.OKA, J. DATE : 18 th April, 2011. P.C. 1 Heard the learned counsel appearing for the Appellants. 2 The Appellants are the original plaintiffs. By the impugned order dated 13 th April, 2010, the application for temporary injunction made by the Appellants for restraining the Respondents from creating third party interest has been rejected. The impugned order has been passed on 13 th April, 2010. The application for injunction was filed in November 2007. There is nothing on record to show that there was any ad-interim injunction operating in favour of the Appellants. Hence, at this stage, there is no reason to interfere with the discretionary and equitable order passed by the trial Court. As the suit is pending, it is obvious that if any third party rights are created by the Respondents, the 2 65 ao.960.10 same will be subject to final outcome of the suit. 3 Subject to what is observed above, the appeal is dismissed. All contentions of the parties are kept open. The suit shall be decided without being influenced by the impugned order and confirmation thereof by this Court. 4 Hearing of the suit is expedited. The trial Court shall endeavour to conclude the hearing before the end of this year. [ A.S.OKA, J ]