:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 5445 OF 2007 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.Amol Mhatre, Adv for the petitioner. Mr.R.M.Patne, AGP for Respondent nos.1 and 2. Mr.Prabhanjan Gujar for Respondent nos.3 to 13. CORAM: S.C.DHARMADHIKARI, J. DATED: 14TH FEBRUARY,2008. P.C. P.C. P.C. : : : 1. Heard learned counsel appearing for the petitioner. 2. Perused the impugned orders. The Trial Court has refused an interim injunction in a Suit filed by the petitioner-plaintiff o challenge the orders of the Authorities under the Mamletdar Courts Act. The Authorities have, prima-facie, concluded that the :2: :2: :2: petitioner has obstructed the right of way of the Original Defendant and therefore that obstruction needs to be removed. At this prima-facie stage, the Courts below were right in holding that until and unless these orders are set aside, there cannot be any interim injunction in favour of the Respondent. Any such interim order in the facts of this case, would amount to allowing and decreeing the suit. That was not permissible. In these circumstances, there is no reason to interfere. Petition dismissed. 2. However, the Trial court to decide the suit without being influenced by any observations which are tentative and prima-facie. They are made for the disposal of the interim application and should not bind the trial Court while deciding the suit. ********