SM 1 22.ao.378.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 378 OF 2010 Smt. Phashibai Songya Parve ....Appellant Versus M/s. U. S. Roofs Company Ltd. and others ....Respondents ____________ Mr. J. D. Sharma for the Appellant. Mr. P. S. Dani for the Respondent No. 1. CORAM: J. H. BHATIA, J. DATED : 1 ST JULY, 2011. P.C.: Heard learned Counsel for the parties. 2. In 2006, the Respondent No. 1 filed Special Civil Suit No. 192 of 2006 for specific performance of contract and certain directions and therein, the Trial Court has granted interim relief against the Defendants not to create any third party interests. That order is operating for last 5 years. That order is challenged in the present Appeal. 3. The learned Counsel for the Defendant No. 1 Appellant points out that there are several circumstances to show that the Plaintiff has based his suit on forged and fabricated documents and SM 2 22.ao.378.10 played certain frauds. All these issues need to be decided at the time of final hearing. I am told that issues are already framed. Suit is fixed for final hearing. The Defendant No. 1 is a senior citizen, aged about 75 years. Taking into consideration the issues involved and the interim relief which appears to be necessary to avoid further complications in the matter, in my opinion, the Appeal may be disposed of with the following directions without going into the merits of the case:- (i) The learned Civil Judge, Senior Division, Panvel shall expedite the hearing of the Special Civil Suit No. 192 of 2006 and dispose of the same as early as possible and in any case before the end of December, 2011. (ii) The parties shall not be given any adjournment unless it is absolutely necessary and beyond control of the parties. (iii) Appeal stands disposed of accordingly. (iv) Parties shall act on an authenticated copy of this order. (J. H. BHATIA, J.)