1 AO 145.2010 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO. 145 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. M.V.Deshpande, Advocate holding for Mr.R.P.Dhase, Advocate for the appellant. Mr. R.F.Totla, Advocate for the respondent. ............................... CORAM : S.V. GANGAPURWALA, J. DATE : 15/12/2010 PER COURT : 1. This is Appeal preferred by the original defendants. 2. The present respondent had filed Suit for injunction against the present appellants in respect of the suit property, which is an agricultural land. The trial Court after hearing the parties , dismissed the Suit. The plaintiff preferred Appeal bearing R.C.A. No. 73 of 2009. In the said Appeal, the appellant moved an application ( Exh. 5 ) for temporary injunction. Initially, the lower appellate Court has passed order “ both the parties to maintain status-quo ” . The same was assailed by 2 AO 145.2010 the plaintiff in the Writ Petition. This Court partly allowed the Writ Petition and directed the lower appellate Court to decide the application ( Exh. 5 ) on its own merits. Thereafter, the lower appellate Court has decided the said application by its Judgment and Order dated 28/9/2010. The original defendants being aggrieved by the same, have preferred the present Appeal from Order. 3. I have heard Mr. M.V. Deshpande, learned counsel holding for Mr. Dhase, learned counsel for the appellant and Mr. R.F. Totla, learned counsel for the respondent. 4. It transpires that on 23/7/2004, the trial Court had passed the following order : “ Perused application and documents on record. Heard Advocate Kadethankar. 7/12 extract, sale deed and other document clearly shows ownership and continuation of the plaintiff over suit property. Hence parties shall maintain status-quo till further order. Plaintiff shall comply possession of 07.30 R. E.P. allowed ” . 5. The said order was in force till the disposal of the Suit and during pendency of the appeal also this Court while disposing of the Writ Petition No. 5086 of 2009 vide its Order dated 14/6/2010 has directed to continue the said order of status-quo which is passed on 23/7/2004 till hearing of the 3 AO 145.2010 application ( Exh. 5 ). As such, it would be seen that the said order dated 23/7/2004 is continued right since the inception of the Suit till the decision impugned in the present Appeal. 6. The learned counsels on instructions of their clients submit that the said order of status-quo be continued till the disposal of Appeal. In that light of the matter, I am not going into the merits of the impugned order which is passed and I set aside the order only because the order of the status-quo which is in force since 23/7/2004 is agreed by the parties to be continued till the disposal of the Appeal. In the result, I pass the following order : (i) The impugned Order is quashed and set aside. The Order of status quo passed on 23/7/2004 as quoted in paragraph no. 4 of this Order is continued till disposal of Appeal. The Appeal shall be decided by lower Appellate Court within three ( 3 ) months from today. (ii) It is made clear that I have not adverted on the merits of the matter. The present Appeal from Order is accordingly disposed of with aforesaid observation. [ S.V. GANGAPURWALA ] JUDGE knp/AO 145.2010