MP 1 WP1888_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1888 OF 2011 Sou. Surekha Macchindra Hoval and others ... Petitioners Versus Subhash Rama (Ramchandra) Mane and others ... Respondents Mr. S. G. Deshmukh i/b. Mr. Swapnil Lokar for Petitioners. Mr. Bhushan A. Walimbe for Respondents. CORAM : B.R. GAVAI, J. TUESDAY, APRIL 26, 2011 P. C. : Rule. Rule made returnable forthwith. Heard by consent. 2. The petitioners challenge the order dated 12th July 2010 vide which the application filed by the respondent No. 1 herein below exhibit-5 in Miscellaneous Civil Application No. 19 of 2010 has been allowed. In a suit filed for the partition and possession, the petitioners had filed an application below exhibit-6 in R.C.S. No. 147 of 2010. The said application was allowed and the respondent No. 1 herein was injuncted from interfering with the possession of the plaintiffs. Being aggrieved thereby, an appeal was filed by the present petitioner. In the appeal, an application for stay to the order passed by the learned Trial Court was filed. The same is allowed. 3. The respondent has moved this Court contending that there is an urgency in the matter inasmuch as the sugarcane crushing season is likely to come to an end on 2nd May 2010. It is, therefore, submitted by MP 2 WP1888_11 the respondent No. 1 that the respondent No. 1 be permitted to harvest the crop and send it to the sugar factory. It is submitted that the the respondent No. 1 is willing to deposit the entire amount in the court. 4. I find that since the present proceedings arise out of purely interlocutory order, the following order would subserve the interests of justice: (i) The impugned order dated 12th July 2010 is quashed and set aside; (ii) The learned Appellate Court is directed to decide the miscellaneous appeal itself on its merits within a period of two months from today. 5. Insofar as the standing sugarcane crop on the suit site is concerned, the learned Trial Court, under its orders, would direct the harvesting of the crop by the concerned sugar factory and further direct to deposit all the proceeds thereof to be made in the court, the disbursement of which shall be subject to the decision of the miscellaneous appeal. 6. The parties as well as the learned Trial Court to act on the authenticated copies. 7. Rule made absolute in the aforesaid terms with no order as to costs. (B.R. GAVAI, J)