1 51 ao.101.10 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 101 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. Mihir Desai for the Appellants. Mr. J.G.Aradwad for Respondent No.1. Mr. Suresh Gole for Respondent Nos.2 & 3. Mr. A.R.Patil, AGP for the State. CORAM : A.S.OKA, J. DATE : 02 nd May, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 By the impugned order dated 16 th May, 2008, the notice of motion taken out by the Appellants – plaintiffs for grant of temporary injunction has been dismissed. Since then, there is no ad-interim relief granted in favour of the Appellants. The order declining to grant interim injunction, which is an order of discretionary and equitable in nature, is operating nearly for last three years. The learned counsel appearing for the Appellants states that no further steps have been taken for implementation of the Slum Rehabilitation Scheme. 2 51 ao.101.10 3 At this stage, no interference can be made with the discretionary order. Interests of justice will be subserved if the suit is ordered to be disposed of expeditiously. 4 Accordingly, I pass the following order: i. The appeal is dismissed ; ii. Hearing of the suit is expedited ; iii. All contentions of the parties on the merits of the suit are kept open and the same shall be decided without being influenced by the tentative findings recorded in the impugned order and confirmation thereof by this Court ; iv. Civil Application No.152 of 2010 does not survive and the same is dispose of. [ A.S.OKA, J ]