1 1 wp 4988.10.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srk WRIT PETITION NO.4988 OF 2010 Bhujang Kishan Shinde & Ors. ..Petitioners. v/s. Sandip Popat Shinde & Anr. ..Respondents. .... Mr. Uday Prakash Warunjikar for Petitioners. Ms. D.B.Lonkar for Respondent no.1. .... CORAM : J.H.BHATIA, J. DATE : 26TH AUGUST, 2010. P.C. 1 Regular Civil Suit No.61 of 2004 for partition was filed by the Respondent no.1 for partition and separate possession of the certain properties. According to the Defendant/Appellant the partition had taken place in 1991 and father of the Plaintiff who is Defendant No.6 and Respondent no.2 in the present Petition, had given a consent for that partition. The trial court passed an order restraining the Defendants from creating any third party interest in the suit property pending the suit. 2 1 wp 4988.10.doc 2 Whether the partition has taken place or not can be looked at the time of trial. Two courts below have given concurrent findings against the Petitioners, I do not see any reason to interfere in the Writ jurisdiction. Therefore, the Writ Petition stands dismissed. 3 However, the trial court is directed to expedite the hearing of Regular Civil Suit No. 61 of 2004 and to disposed of the same as early as possible and in any case by the end of March, 2011. [ J.H.BHATIA, J. ]