:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 2580 OF 2007 Shri Tukaram Baba Kudale and Ors. ...Petitioners Versus Shri Dagdu Baba Kudale and anr. ....Respondents P.J.Shinde Adv. for the petitioners. Nitin Mulye Adv. for respondent no.1. CORAM: S.C.DHARMADHIKARI, J. 7th January, 2008. P.C. P.C. P.C. : : : 1. There is no reason to interfere with the order of the lower Appellate court. More so, when it was pronounced on 5.12.2006 and during the pendency of the present petition the construction has already been :2: :2: :2: completed. In such circumstances, the order under challenge requires no interference. However, it is directed that the construction as made by the original defendant no.1 should be subject to the final orders in the suit and no equities can be claimed by defendant no.1, merely, because the construction activity was allowed to proceed during the pendency of the suit. Similarly the original defendant no.1 shall not create any third party rights or induct anybody else in possession in respect of the disputed structure/construction till the hearing and final disposal of the suit. 2. The Trial court to decide the suit as expeditiously as possible uninfluenced by any observations made during the course of the inter-locutory proceedings. Petition dismissed with the above clarification. No order as to costs. sd/- *******