1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5203 OF 2009 (Smt. Gayabai Shripat Gabhane & Ors. vs. Kundlik alias Pundlik Haribhau Gabhane & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DECEMBER 02, 2009. Heard Shri Kulkarni, learned counsel for the petitioners. The trial Court restrained respondents from proceeding further with construction on property in his possession during the pendency of suit for partition and separate possession. In their appeal, the lower appellate Court has permitted them to proceed further with construction but has directed the respondents (appellants before it) not to alienate suit property or construction thereupon and not to create any third party interest. Shri Kulkarni, learned counsel argues that because of this order the petitioners may be unnecessarily required to pay for construction (their proportionate share) and when easier course of expediting Special Civil Suit No. 71 of 2008 was available, the lower appellate Court erred in granting respondents such leave. I find that lower appellate Court has 2 permitted appellants before it to complete construction at their own risk and therefore they are not entitled to claim any relief in equity in relation to such construction. Insofar as expeditious disposal of Special Civil Suit is concerned, suit is of the year 2008, however, if the trial Court is in a position to decide it expeditiously, it may do so and the present petitioners can move an application for that purpose. If the trial Court find that such an application can be entertained, it may endeavour to decide the suit as early as possible and in any case by 31.12.2010. Writ Petition is dismissed accordingly. However, there shall be no order as to costs. JUDGE *GS.