1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5485 OF 2006 Deccan Education Society .. Petitioners Vs Baburao Ganpatrao Shirole and ors .. Respondents Mr A.A.Kumbhakoni, senior counsel i/b R.M.pethe for the petitioners. Mr R.S.Apte, senior counsel i/b P.G.Chavan, for respondent/plff. Mr S.D.Rairikar, AGP, for respondent-State. CORAM : D.B.BHOSALE, J. DATE : 07/10/2009 PC: 1. Heard learned counsel for the parties. 2. This writ petition is directed against concurrent judgments and orders passed by the courts below in the proceedings arising from the application at Exhibit-78 filed by the respondents-plaintiffs. The trial Court, vide its order dated 29.9.2001, allowed the application at Exhibit-78 and granted order of injunction restraining the defendants from arranging or allowing to arrange any show or any activities to carry T 2 additional construction or to create any third party interest in the suit property. That order passed by the trial court was confirmed with certain modification vide judgment and order dated 26.6.2006 by the learned Adhoc Additional District Judge, Pune in Misc. Civil Appeal No.406 of 2001. The operative portion of the order passed by the appellate court dated 26.6.2006, reads thus; “1. Appeal stands dismissed. 2. Order passed by learned Lower Court below Exhibit-78 is confirmed with certain modifications as under :- (a) Appellant/defendant no.1 Deccan Education Society is hereby directed not to create any third party interest by way of lease, rent, license, loan or otherwise. (b) Defendant no.1 is further restrained from carrying out any stage show in the suit property or making construction for any purpose till pending and final disposal of the suit. 3. Learned Lower Court is directed to expedite the matter.” 2. This Court, while issuing notice to the respondents on 12.4.2007, had directed the parties to maintain status-quo in respect of the suit property. The order of status-quo granted by this Court on 12.4.2007 operates till this court. In view thereof, Mr Apte, learned Senior counsel for some of the respondents- plaintiffs, submits that the respondents have no objection for 3 allowing the order of status-quo to continue till disposal of the suit without prejudice to their rights and contentions in the suit. In view thereof and having considered overall facts and circumstances of the case, in my opinion, this petition need not be kept pending any further and it deserves to be disposed of by the following order. (i) The order of status-quo passed by this Court vide order dated 12.4.2007 shall remain operative till disposal of Regular Civil Suit No.381 of 1992. (ii)The trial Court shall endeavour to dispose of the suit on merits in accordance with law and as expeditiously as possible and preferably within a period of eight months from the date of receipt of this order. Parties to cooperate disposal of the suit within the time stipulated.The trial Court shall decide the suit uninfluenced by the observations made in the impugned order. All contentions of the parties are kept open. (D. B. Bhosale, J.) 4