1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 2369/2007 Purushottam Vitthaldas Rathi and Ors..vs.. Bajranglal Ramkisan Dayama and Ors. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM: R. V. MORE, J. DATED : 13 th February, 2008 1. Heard Mr. Bhattad, learned counsel for the petitioners, Mr. Dandekar, learned counsel for respondent No. 1 and Mr. Adgokar, learned A.G.P. for respondent Nos. 2, 3 and 4. 2. The petition pertains to temporary injunction proceedings. The petitioners are defendants in Regular Civil Suit No. 219/2006, which came to be filed by respondent No.1 for injunction. In the application at Exh.-5 taken out in this suit by respondent No.1, the trial Court granted temporary injunction in favour of respondent No. 1 by order dated 01.12.2006. 3. The petitioner approached the District Court by preferring Misc. Civil Appeal No. 143/2006, however, the same 2 was dismissed by order dated 16.04.2007 which order is impugned in the present writ petition. 4. Both the Courts below concurrently held possession of respondent No. 1 over the suit land. The Courts below also held that respondent No. 1 has proved balance of convenience in his favour. The injunction order granted by the trial Court on 01.04.2006 was not stayed during the pendency of the Misc. Civil Appeal before the lower appellate Court and the same is in operation till today. 5. In this backdrop, in my opinion, the interest of justice will be served by directing the trial Judge to dispose of the suit expeditiously without interfering in the order impugned in the present writ petition. 6. In view of above, I dispose of the petition by passing following order. (i) The trial Court namely Civil Judge Senior Division, Akola is directed to hear and dispose of Regular Civil Suit No. 219/2006 as expeditiously as possible and in any case within a period of one year from the date of receipt of the order. 3 (ii) The trial Court shall dispose of the suit independently on its own merits and without being influenced by the present order or the order impugned in the present petition. (iii) The writ petition stands disposed of accordingly with no order as to costs. JUDGE kahale