1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR APPEAL AGAINST ORDER NO: 8/2007 with CIVIL APPLICATION NO: 1566/2007 (Deepchand Baliram Marke (Dead) Th.LRs : Shivshankar Marke and others vs. Galiboddin Aminoddin and 3 others) ---------------------------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions and Registrar's orders. .................................................................................................................................................................. CORAM: B.R. GAVAI , J. DATED: 05th February, 2008. *** By way of present appeal, the appellants challenge the order dated 6th June 2006, vide which the application filed by the present appellants for temporary injunction during pendency of the appeal, has been rejected. 2. Heard Mr. J T Gilda, learned counsel for appellants ad Shri Thakkar for Respondents. 3. Shri Gilda, learned counsel submits that there is an interim order operating during the pendency of the suit which was filed in 1996 and continued to operate till the disposal of the suit and taking into consideration the facts of the case, the learned Appellate Court ought to have granted injunction. 4. Shri Thakkar, learned counsel for respondents, on 2 the contrary, submits that the learned Appellate Court by a well-reasoned order has rejected the application filed by the appellants. It is submitted that the view taken by the learned Appellate Court is correct which needs no interference. 5. Perusal of the record would reveal that there was an injunction operating during pendency of the suit for a period of ten years. This Court also vide order dated 3rd May, 2007 has continued the said injunction. In this view of the matter, I am not inclined to enter into the merits of the matter. 6. In that view of the aspect, I am inclined to allow the appeal. The impugned order is quashed and set aside. The order of injunction granted by this Court dated 3rd May, 2007 shall continue to operate during pendency of the appeal before the lower Appellate Court. Taking into consideration the fact that an order of injunction is operating against the respondents, the learned Judge of the lower Appellate Court is directed to dispose of the appeal as expeditiously as possible and, in any case, within a period of three months from today. 7. In view of the above order, Civil Application does not survive. The same is disposed of. JUDGE sahare