1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 655 OF 2009 WITH CIVIL APPLICATION NO. 822 OF 2009 Mr. Lalchand Jivraj Jain ....Appellant Versus M/s. Real Developers & Ors. ....Respondents Mr. Kuldeep S. Patil, Advocate for the Appellant. CORAM : R. V. MORE, J. DATED : 7th JULY, 2009. P.C. Heard, Mr. Patil, learned Counsel for the Appellant. 2. The Appellant is the Original Plaintiff and he has filed a suit for declaration that the Respondents are bound to provide shop in the proposed new building on redevelopment of the suit land and enter into an agreement with the Appellant and register the same with Sub-Registrar of Assurances. Further declaration is claimed by the Appellant to the effect that excavating and/or digging of the suit land or any part thereof by the Respondents is illegal and unlawful. Permanent injunction restraining the Respondents from excavating the suit land and from causing any damage or endangering life of the suit shop is also claimed. 2 3. The Appellants also filed an application at Exhibit “5” for temporary injunction restraining the Respondents from excavating the suit land and causing any damages or endangering the life of the suit shop. 4. The grievance of the Appellant seems to be that his application at exhibit “5” is not being heard and decided on merits by the Trial Court and it is being adjourned from time to time for one reason or the other. The Appellant apprehends that if his application is not decided, in that case his shop will be damaged. 5. In the facts and circumstances mentioned above, in my view, the interest of justice will be served by directing the Trial Court to decide the Appellant’s application at Exhibit “5” as expeditiously as possible and in any case, within a period of three weeks from the date of receipt of this order. If it is not possible for the Trial Court to decide the Appellant’s application within that period, the Trial Court shall consider the Appellant’s case for ad-interim relief and pass appropriate order within the said time. With the above observations, the Appeal from Order is disposed of. 6. In view of the disposal of the Appeal from Order, the Civil Application No.822 of 2009 will not survive and therefore, the same is disposed of. sd/- (R. V. MORE, J.)