: 1 : 7165-11-wp=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7165 OF 2010 Chandrabhan Laxman Shinde .. Petitioner v/s. Bhaskar Laxman Shinde & Ors. .. Respondents ......... Mr. Rameshwar N. Gite for the petitioner ......... CORAM : R.Y.GANOO, J DATE : 30th SEPTEMBER,2011. P.C. : 1. In the R.C. Suit No.84 of 2006 filed before the learned Civil Judge, Junior Division, Chandwad, Dist. Nashik, the petitioner herein had sought partition in respect of the suit land set out in the said application. The petitioner had filed application in the trial Court praying that petitioner should not be dispossessed from the suit land. That application below Exh. 10 was rejected by the learned Civil Judge, Junior Division, Chandwad by his order dated 19th January, 2009. The petitioner filed Misc. Civil Appeal : 2 : 7165-11-wp=.sxw against the said order in the Court of District Court Judge-2, Niphad being Misc. Civil Appeal No.15 of 2009. The learned District Judge-2 has in the body of the order declined to allow the appeal and has in the operative part directed the trial Court to dispose of the suit within 3 months from the date of receipt of the aforesaid order dated 12th July, 2011. This order dated 12th July, 2011 is challenged in this petition. 2. After having heard learned advocates on both sides, it is observed that the respondents in this petition asserted that they are in possession of the said property and that the names of the respondents are appearing in the 7 x 12 extract. This aspect has been considered by the Court’s below and protection to the respondents has been rejected. I am not inclined to interfere in the impugned order. At this stage, learned advocate for the petitioner submits that the petitioner would be interested in filing an application praying the the respondents herein should be restrained from creating third party rights. He seeks liberty to file said application. The petitioner is free to file application on the basis of which he wants to seek certain reliefs from the Court. If such an application is filed, it could be decided on merits. : 3 : 7165-11-wp=.sxw 3. For the reasons mentioned aforesaid, no interference is required in the impugned order. Petition is dismissed at the stage of admission. There shall be no order as to costs. (R.Y.GANOO, J.)