1 wp3648.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 3648 of 2011 Navnath Dnyanoba Masal & ors. ... Petitioners v/s. Dnyanoba Bhikoba Masal & ors. ... Respondents Mr. S.S.Kanetkar for the petitioners. Mr. Sushila Nimbkar for respondent no. 19. CORAM:- B.R. GAVAI, J DATED :- MAY 06, 2011. P.C. The petition arises out of the order passed by the learned District Judge, Pune dated 15th April, 2011 in MCA No. 96/2011 thereby allowing the appeal filed by the respondent no. 19 reversing an order of injunction granted by the learned trial Court. 2. The petitioner-plaintiff’s claim the suit property jointly alongwith the defendants nos. 1-9. Initially a development agreement was entered into between the defendants 1-9 on one hand and 10-13 on the other hand, which 2 wp3648.11.sxw rights were subsequently transferred to respondents 14-17 and thereafter the defendant no. 19. The defendant no. 19 is constructing a residential complex of flats and bungalows on the said premises. 3. The suit for partition came to be filed by the present petitioners. In the said suit an application for temporary injunction was also filed. The same was allowed by the learned trial Court. In an appeal carried by respondent no. 19, the same was reversed and an order of injunction was set aside. Being aggrieved thereby the present petition. 4. During the pendency of hearing of the present petition, the parties have agreed that the following order shall sub-serve the interest of justice. The Respondent No. 19 shall keep four flats admeasuring 1000 sq. ft. each, identified by the petitioners, vacant till disposal of the suit and will not create any third party rights in respect of the said four flats. The appropriate orders regarding the said flats would be passed by the learned trial Court at the stage of hearing of the suit, in the event if the learned trial Court held that the petitioner-plaintiffs are entitled to any decree in respect of suit property mentioned in paragraphs 1(d) and 1(e). 3 wp3648.11.sxw In the facts and circumstances, hearing of the suit is expedited. The learned trial Court is directed to decide the suit possibly within a period of one year from today. Needless to state that the learned trial Court while deciding the suit would not be influenced by the observations in its own order so also the order passed by the Appellate Court. Needless to state that since the present proceedings arising out of an application under Order 39 Rule 1 and 2 are restricted only insofar as the property as mentioned in paragraphs 1 (d) and 1(e) are concerned, the petitioners would always be at liberty to make an application insofar as the other properties mentioned in the plaint are concerned. In the facts and circumstances no orders as to costs. (B.R. GAVAI, J)