1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.9738 OF 2009 Shaikh Isaamuddin Hamid ...Petitioner vs. Sitaram Devram Chouhan ...Respondent Mr.Dube-Patil i/b M/s.Jay & Co. for the petitioner None for the respondent CORAM :A.S.OKA,J. DATE : JANUARY 15, 2010 P.C. 1 Heard the learned counsel for the petitioner. The petitioner is the original plaintiff who filed a suit for declaration and injunction. An application for temporary injunction was made by the petitioner which was rejected by the trial Court. An Appeal against the order of the trial Court preferred by the petitioner before the Appellate Court has been dismissed. 2 The learned counsel for the petitioner invited my attention to the report of the Court Commissioner and in particular rough sketch drawn by the Court Commissioner. He submitted that if the respondent proceeds with the construction and completes the same, it will completely prevent the entry of the petitioner and his customers to his shop premises from the main road. He submitted that during the pendency of the application before the trial Court, there was an order of status quo. He submitted that if the respondent is permitted to carry out construction, prejudice will be caused to the petitioner. 3 I have considered the submissions. Though there is 2 no foundation in the plaint, it appears from the Judgment of the Appellate Court that the petitioner pleaded the acquisition easement by way of prescription in accordance with section 15 of the Easement Act. In fact, perusal of the plaint shows that the petitioner has not precisely averred as to the nature of right of easement claimed by him. 4 Both the Courts have concurrently found that the petitioner has not established a prima facie case. Injunction is an equitable and discretionary relief which is denied by the Courts below to the petitioner. No interference is called for. Writ Petition is rejected. 5 It is obvious that if any construction is carried out by the respondent, it will be subject to final outcome of the suit. It is made clear that the observations made by the Courts below as well as this Court are only tentative observations and the trial Court will decide the suit without being influenced by the said observations. Hearing of the suit is expedited. The trial Court will decide the suit as expeditiously as possible and will make an endeavour to conclude the hearing on or before 31 st July 2010. JUDGE