ash 1 334ao-701.06 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO. 701 OF 2006 Shri Pandurang Mahadeo Gaikwad & Ors. .. Appellants. Vs. Shri Sayaji Mahadeo Gaikwad. .. Respondent -- Shri Mahesh Rawool i/by Shri P.B. Shah for the Appellants. Shri N.R. Bubna for Respondent Nos.1 to 5(a) and 5(b). -- CORAM ; A.S. OKA, J DATED : 30TH MARCH, 2011 P.C. . Heard learned counsel appearing for the Appellants and learned counsel appearing for Respondent Nos.1 to 5(a) and 5(b). By the judgment and order, the Trial Judge dismissed the application for temporary injunction made by the Appellants at Exhibiti – 5 in a suit filed for declaration, injunction and partition. 2. On 7th October, 2006, this Court passed an interim order in the Appeal. Clause 5 of the said order reads thus :- “5. The respondents are hereby restrained from selling the properties mentioned in paragraph nos.1(a), 1(b), 1(c) and 1(f) of the plaint, beyond their share therein.” 3. On Civil Application No. 300 of 2009 taken out by the Appellants-Applicants, this Court passed an order dated 9th March, 2010 ash 2 334ao-701.06 recording the statement made on behalf of Respondent Nos.1 to 5. Clause 2 of the said order reads thus : - “2. An affidavit has been filed by respondent No.2 on behalf of respondent Nos.1 to 5 as well as contending that the land is being used for an agricultural purpose and is not being put in any other use. This statement made in the affidavit is accepted.” 4. Learned counsel appearing for Respondent Nos. 1 to 5(a) and 5(b) on instructions states that the statement recorded in the order dated 9th March, 2010 will continue to operate till the disposal of the suit. 5. The limited injunction granted by this Court is operating from 7th October, 2006. The suit is still pending. Interests of justice will be subserved if hearing of the suit is ordered to be expedited and the interim arrangement during the pendency of the Appeal is continued till the final disposal of the suit. 6. Hence, I pass the following order:- (a) Interim injunction granted by this Court on 7th October, 2006 will continue to operate till the final disposal of the suit. (b) The statement made by learned counsel appearing for Respondent Nos.1 to 5(a) and 5(b) that the statement of ash 3 334ao-701.06 the said Respondents recorded in Clause 2 of the order dated 9th March, 2010 will continue to operate till disposal of the suit is accepted. (c) Hearing of the suit is expedited. (d) The Trial Court will decide the suit on its own merits without being influenced by the impugned order as well as the order passed by this Court during the pendency of this Appeal. (e) The Appeal is disposed of on above terms. ( A.S. OKA, J )