1 WP 1014.2010 - [ J ] IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1014 OF 2010 1. Sureshkumar Shankarlal Agrawal Age : 48 Yrs., Occ. Agriculture, R/o : Nandurbar, Dist. Nandurbar. 2. Dineshkumar Sureshkumar Agrawal Age : Yrs., Occ. Agriculture, R/o : Nandurbar, Dist. Nandurbar. ........... PETITIONERS V E R S U S 1. Parshuram Sakharam Marathe Age : 85 Yrs., Occ. Agriculture, R/o Nandurbar, Dist. : Nandurbar. 2. Keshav Parashram Sakharam Marathe Age : Major, Occ. Service, R/o Ahilyadevi Vihir,Nandurbar, Dist. : Nandurbar. Dist. : Jalgaon. 3. Bhaskar Parashram Sakharam Marathe Age : Major, Occ. Service, R/o Bajrang Colony, Behru Nagar, Nandurbar, Dist. : Nandurbar. 4. Hari Parashram Sakharam Marathe Age : Major, Occ. Service, R/o : Kalamsare, Tq. Amaloner, 2 WP 1014.2010 - [ J ] Dist. : Jalgaon. 5. Gajanan Parashram Sakharam Marathe Age : Major, Occ. Service, R/o Shanti Nagar, Near Vagheshwari Mandir, (In the house of Borse Sir), Nandurbar,Dist. : Nandurbar. 6. Raju Parashram Sakharam Marathe Age : Major, Occ. Service, R/o : Shanti Nagar, Near Vagheshwari Mandir, (In the house of Borse Sir), Nandurbar,Dist. : Nandurbar. 7. Asitoddin Haji Rahemoddin Shaikh Age : Adult, Occ. Business, R/o : C/o : Raju Plotwale, Opp. Shashtri Market, Opp. Maharashtra Rolling Shutters, 2nd Floor, Nandurbar, Dist. Nandurbar. 8. Gulemges Allauddin Shaikh Age : Adult, Occ. Business, R/o : C/o : Raju Plotwale, Opp. Shashtri Market, Opp. Maharashtra Rolling Shutters, 2nd Floor, Nandurbar, Dist. Nandurbar. 9. Akilkha Gulsherkha Pathan Age : Adult, Occ. Business, R/o : Babajipura, Tq. Yaval, Dist. Jalgaon. 3 WP 1014.2010 - [ J ] 10. Maksudkha Gulab Pathan Age : Adult, Occ. Business, R/o : C/o : Raju Plotwale, Opp. Shashtri Market, Opp. Maharashtra Rolling Shutters, 2nd Floor, Nandurbar, Dist. Nandurbar. 11. Riyajuddin Haji Gayasuddin Shaikh Age : Adult, Occ. Business, R/o : C/o : Raju Plotwale, Opp. Shashtri Market, Opp. Maharashtra Rolling Shutters, 2nd Floor, Nandurbar, Dist. Nandurbar. 12. Smt. Sarojini W/o Mohansing Pardeshi, Age : Adult, Occ. Household, R/o : Pardeshipura, Nandurbar. 13. Ravindra Mohansing Pardeshi, Age : Adult, Occ. R/o : Pardeshipura, Nandurbar. 14. Ravindra Mohansing Pardeshi, Age : Adult, Occ. R/o : Pardeshipura, Nandurbar. 15. Sau. Maya Ravindra Pardeshi, Age : Adult, Occ. Household, R/o : Pardeshipura, Nandurbar. 16. Sau. Shila Ajit Pardeshi, 4 WP 1014.2010 - [ J ] Age : Adult, Occ. Household, R/o : Pardeshipura, Nandurbar. 17. Devidas Vitthal Chavan Age : Adult, Occ. R/o : Chhadwel Korde, Tq. Sakri, Dist. Dhule. ..... RESPONDENTS Mr. M.K.Goyanka, Advocate for the petitioner. Mr. P.D.Bachate, Advocate for Resp. No.2 to 6. CORAM : S.V. GANGAPURWALA, J. DATE OF JUDGMENT : 14/10/2011 ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the respective parties, taken up for final hearing. 2. The Suit is filed in the year 1990 by the present petitioners seeking relief of specific performance of contract. The petitioners after ten ( 10 ) years moved an application for injunction restraining the defendants from alienating, creating third party interest or changing the nature of the suit property. The said application is rejected. Aggrieved thereby the Appeal is filed. The District Court dismissed the Appeal. Aggrieved thereby, the present Writ Petition is filed. 5 WP 1014.2010 - [ J ] 3. This Court on 24/02/2010 had issued notice to the respondents and granted ad-interim relief in terms of prayer clause C. It appears that during the interregnum, the petition was dismissed in default and thereafter was restored to its original position. The said order restraining the respondents from alienating, creating third party interest and changing the nature of the suit property is in force. 4. The Suit is of the year 1990. The interim order is also passed by this Court on 24/02/2010. It would be in nobody’s interest to keep the matter pending. As such without dilating on the merits of the matter, I continue the said interim relief granted by this Court on 24/02/2010 for the further period of nine ( 9 ) months. The trial Court shall dispose of the Suit within the period of nine ( 9 ) months from today. The parties shall co-operate in the disposal of the Suit taking into account the fact that the Suit is of the year 1990. 5. Rule is made absolute in above terms. No costs. [ S.V. GANGAPURWALA, J.] KNP/WP 1014.2010 - [ J ]