-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.1229 of 2008 1. Mr.Shabbir Ibrahim Shaikh and others ..Petitioners vs. Mr.Bashirullah Jaan Mohd. Khan ..Respondents Shri H.S.Dewal for petitioners. Shri Sandesh Patil for respondents. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 14th March, 2008 14th March, 2008 14th March, 2008 P.C. P.C. P.C. 1. Misc.Civil Appeal No. 19 of 2007 which was directed against the order of the Trial Court rejecting the application for interim injunction has been disposed of by the lower Appellate Court without adverting to the rival versions or submissions and without in any manner satisfying itself as to whether prima facie case is made out, in whose favour the balance of convenience lies and who shall suffer irreparable loss if the order is interfered with or not. In such circumstances, and when the learned Judge has travelled much beyond his authority in disposing of the suit itself, the order under challenge cannot be sustained. It is accordingly quashed and set aside. Misc. -2- Civil appeal shall not stand restored to file of the District Court, Thane for disposal afresh in accordance with law without being influenced by earlier observations. The parties are at liberty to apply for ad-interim order in the pending appeal. No opinion is expressed on the rival contentions in that behalf as well. Since the appeal is directed against the interim order the lower Appellate Court to endeavour and dispose of the appeal expeditiously and in any event within a period of two months from the date of production of copy of this order. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)