1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1625 OF 2009 Baliram Hari Nale & ors........ Petitioners versus Smt. Sonabai Bapu Nale & ors........Respondents. Mr. P.D. Dalvi adv. for the Petitioners Mr. A.B. Borkar adv. for the Respondent no.9. CORAM: A. P DESHPANDE, J. DATED : 14th December, 2009. P. C.: 1. This petition is filed by the original plaintiff challenging the order passed by the District Judge-IV, Kolhapur dated 27-11-2008 whereby the appeal filed by the respondent/defendant has been allowed and the order of temporary injunction passed by the trial court in favour of the plaintiff has been set aside. During pendency of the appeal by an interim order, the order of temporary injunction was stayed and as such the order of temporary injunction did not operate right since beginning till date. The first appellate court has held that the defendant no.9 against whom the injunction was granted by the trial court, was infact in possession of the suit land since the year 1994 when he was inducted as a tenant by defendant no.1. The first appellate court had also held 2 that there was a partition between the Plaintiffs and the Defendant nos. 1 to 8 and the mutation entry dated 1-3-1985 clearly reflects the fact of partition. After taking into consideration the relevant material on record, such as the rent receipts, mutation entry and other evidence, the first appellate court has concluded that the plaintiff has failed to establish that he was in possession of the suit property and hence reversing the order passed by the trial court, rejected the prayer for temporary injunction. 2. Perused the order. The same does not call for any interference. Being of the view that since beginning till date no injunction order has operated, in my view it would be in the interest of justice to expedite the hearing of the suit having regard to the nature of dispute involved. In the result though the writ petition is dismissed, I direct the trial court to conclude the hearing of the suit as expeditiously as possible and preferably within a period of six months from today. (A. P. Deshpande, J.)