1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 683 OF 2010. Deepak Deorao Gondane -: VERSUS :- Kumudbai Namdeorao Pauhanekar and another. 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. DATED : AUGUST 12, 2010. Heard Shri M.B. Agasti, learned Counsel for Petitioner and Shri M. Rai, learned Counsel for respondent no.1. Respondent no.2 has sold the property and appears to be not interested. Grievance of Shri Agasti, learned Counsel is that the respondent no.1 was never in possession and after the property was sold by respondent no.2 to petitioner, petitioner has entered the possession. Shri Rai, learned Counsel points out that in view of earlier agreement and allotment dated 2 10.12.1982 respondent no.1 was already in possession and that agreement and arrangement was never canceled. The trial Court has found that there was agreement in favour of respondent no.1 and there was no document filed before it to show that, that agreement and allotment was canceled. It has therefore, allowed the application filed by the respondent no.1 at Exh.5 and also at Exh.51 and directed the present petitioner to hand over possession to respondent no.1. Respondent no.1 is accordingly in possession. In these circumstances, considering the fact that the suit is of the year 2007, interest of justice can be met with by expediting the suit and asking the 6th Joint Civil Judge, Junior Division, Nagpur to decide Regular Civil Suit No. 787/2007 as early as possible and in any case within a period of one year from the date of communication of this order to it. The petitioner as well as respondent no.1 shall not create any third party interest in the meanwhile. And respondent no.1 also shall not erect any structure or alter the nature of the 3 suit property during the pendency of the suit. With this directions and observations, Writ Petition is disposed of, with no order as to costs. JUDGE Rgd.