1 ao943.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Appeal from Order No. 943 of 2011 WITH Civil Application No. 1259 of 2011 IN AO 943/2011 Mr. Deepak Kumar Ramdas Gupta ....Appellant v/s. Mr. Dnyanoba Naguja Ingale & ors. ....Respondents Mr. S.S.Shinde i/b. Kiran J. Kandpile for the appellant. Mr. R.D.Soni i/b. M/s. Ram & co. for respondent no.11. CORAM: R.M. BORDE, J. 28th September, 2011 PC: The challenge raised in this Appeal from Order is in respect of order passed below exhibit 5 in Special Civil Suit No. 640/2006 by the 4th Joint Civil Judge, Senior Division, Pune on 20th June, 2011. The trial Court has refused to grant an order of injunction against the defendants restraining them from creating any third party interest or from developing the property. The suit is presented in the year 2006 and is yet pending for final disposal. It is stated that subsequent developer with whom the defendants have entered into agreement has started raising construction over the disputed property. The development activities by the subsequent purchaser i.e. Defendant no. 11 who is party to the litigation shall be subject to final outcome of the suit. So far as this Appeal from Order is concerned, the same can be conveniently disposed of by directing the trial Court to decide pending suit expeditiously. 2 ao943.11.sxw 2. The Appeal from Order, therefore, stands disposed of with a direction to the trial Court to decide the pending Special Civil Suit No. 640/2006 as expeditiously as possible, preferably within one year from today. 3. In view of disposal of Appeal from Order, nothing survives for consideration in the Civil Application and the same is disposed of. (R.M.BORDE, J)