ash 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO. 497 OF 2004 Shivaji Khanderao Matale & Others. .. Appellants Vs Chagan Khanderao Matale & Others. .. Respondents -- Shri V.Z. Kankaria for the Appellants. Ms Pallavi Dabholkar i/by Shri G.S. Godbole for Respondent Nos.1 to 7. Shri S.A. Sawant for Respondent No.9. Shri M.S. Karnik for Respondent Nos.10 to 18. -- CORAM ; A.S. OKA, J DATED : 22ND FEBRUARY, 2011 P.C. . Heard learned counsel appearing for the Appellants, learned counsel appearing for Respondent Nos.1 to 7, learned counsel appearing for Respondent No.9 and the learned counsel appearing for Respondent Nos.10 to 18. 2. By this Appeal from Order, the original Plaintiffs have taken an exception to the judgment and order passed by the learned Trial Judge on an application for temporary injunction. By the impugned judgment and order, the said application has been rejected. 3. After the Appeal was called out for final hearing, the learned counsel appearing for the parties pointed out that now the suit ash 2 is ready for recording of evidence. 4. At the stage of admission of the appeal, a detailed interim order was passed on 15th November, 2006 in Civil Application No.497 of 2004. Paragraph 4 of the said order reads thus:- “In view of this, the respondent nos.1 to 8 are hereby restrained from selling, transferring, alienating or parting with the possession of any of the properties save and except the property of which the possession has already been handed over to respondent no.9 and/or to respondent nos.10 to 18 and/or any of them. Since Respondent Nos.10 to 18 have paid the entire amount of consideration they are permitted to develop the property, however, they shall do so at their own risk and if any third parties interest created by them, they would inform the third party about the pendency of the suit and the rights of the third party would be subject to the final result of this litigation. Neither the developers nor the third parties would be entitled to claim any equity in their favour.” 5. The said order is operating from 15th November, 2006 till today. Now the suit is ready for final hearing. Interests of justice will be subserved, if the said interim order is continued till the disposal of the suit with a direction to the Trial Court to decide the suit of the year 2006 expeditiously. 6. Hence, the Appeal from Order is disposed of by passing the following order. ash 3 ORDER (a) Interim arrangement made as per the Clause 4 of the order dated 15th November, 2006 in Civil Application No.497 of 2004 will continue to operate till the disposal of the suit. (b) Hearing of the suit is expedited and the Trial Court shall endeavour to conclude the hearing before the end of August, 2011. (c) It is made clear that all the contentions of the parties on merits of the suit are kept open. (d) The suit shall be decided uninfluenced by the tentative findings recorded in the impugned order and grant of interim relief by this Court. (e) Civil Application no. 876 of 2004 does not survive and the same is disposed of. ( A.S. OKA, J )