- 1 - 903-wp-10288-2011 srj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10288 OF 2011 Surendra B. Shivalkar & Others .. Petitioners. V/s. Janardan S. Sawant & Others .. Respondents. Mr. Rakesh Bhatkar, for the Petitioners. Mr. S. M. Railkar, for Respondent Nos.1 to 3, 5,and 7 to 10. CORAM: G.S.GODBOLE,J. DATE : 8th DECEMBER, 2011. P.C:- 1 The impugned order is purely an interlocutory order. The view taken by the Appellate Court is a possible view and, hence, no interference is called for in the interlocutory order. 2 Ideally this is the case where both the parties should sit together and amicably settle the dispute. However, for some or the other reasons, the same does not appear to be happening. Hearing of RCS No. 173 of 2009 pending in the Court of learned Civil Judge, Junior Division, - 2 - 903-wp-10288-2011 Ratnagiri is expedited and the suit shall be disposed off on or before 31st December, 2012. 3 All rival contentions of the parties on the merits of the controversy are kept open. It is directed that the Trial Court shall decide the case without being influenced by the impugned order passed by the District Judge or by this order. 4 Subject to the aforesaid clarification, Writ Petition is disposed off. 5 If the proceeding under Section 133 are decided, the Petitioner will be at liberty to file appropriate application for modification of the impugned order on the ground of subsequent events. (G.S.GODBOLE,J.)