Ladda1 caf-3910-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3910 OF 2011 IN FIRST APPEAL NO. 291 OF 2006 Smt Pushpavati w/o Shrikrishna Janorkar and another.. Applicants. Versus Arvind Purshottam Barve .. Respondent. Mr S.S.Kanetkar, Advocate for the Applicants/Appellants. Ms Anjali Uthale i/by Mr S.S.Kulkarni, Advocate for Respondent Nos.1 and 2. CORAM : RANJIT MORE, J. DATED : 16th September, 2011. P.C.: 1. Heard learned counsel for the respective parties. Civil Application is taken out for injunction restraining the respondents from creating third party interest in the suit property. The appellants are the original plaintiffs. Their suit for partition and separate possession is dismissed by the trial Court. During the pendency of Ladda2 caf-3910-11 the civil suit, the appellants had filed application below Exh.57 in Civil Suit No.53 of 1999 for the relief similar to the relief claimed in the present civil application. Said application was rejected by the trial Court by speaking order dated 17.9.2002. This order was not challenged by the appellants. However, same is merged in the impugned judgment and decree. In these circumstances, no case is made out for grant of interim injunction. The appellants alternative prayer for expeditious hearing of the first appeal can be granted in view of the fact that dispute is between family members and they are the senior citizens. In that view of the matter, civil application is disposed of by passing the following order. Order. (i) Prayer (a) of the application is rejected. (ii) Prayer (c) is granted. Registry is directed to place this first appeal for final hearing in the category of Senior Citizens, chronologically. (RANJIT MORE, J.)