(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 1637 OF 2011 Prakash s/o. Dhanu Patil, Age : 51 years, Occupation : Agriculture, R/o. Dhamodi, Taluka : Raver, District : Jalgaon, at present R/o. Plot No.20, Dattaraya Nagar, Raver, District : Jalgaon, .. Petitioners and 2 others. (Original defendants) versus Jagannath s/o. Nana Patil, Age : 55 years, Occupation : Agriculture, R/o. Dhamodi, Taluka : Raver, District : Jalgaon, .. Respondents and 4 others. (Original plaintiffs) ....................... Mr. M.K. Deshpande, Advocate, for the petitioners. ........................ (2) CORAM : B.P. DHARMADHIKARI, J. DATE : 9TH MARCH 2011 COURT'S ORDER : 1. Heard Adv. Mr. M.K. Deshpande, appearing for the petitioners / original defendants. 2. The petitioners have challenged the order dated 20-1-2011, passed by the learned District Judge-1, Jalgaon, in Misc. Civil Appeal No. 5/2011, thereby allowing the appeal filed by the respondents and granting temporary injunction in their favour. By the impugned order, the appellate court has set aside the order dated 5-1-2011, passed by the learned Civil Judge (Junior Division), Raver, below Exhibit 6 in Regular Civil Suit No. 92/2010, by which the trial court had refused to grant temporary injunction. 3. The respondents filed a suit and sought temporary injunction to continue with their user of way. The trial court rejected that temporary injunction and appellate court has granted it. The appellate court has relied upon the orders of Sub- Divisional Officer. (3) 4. Separate petition filed by the present petitioners, challenging the order of Mamlatdar and Sub-Divisional Officer, sanctioning this way, being Writ Petition No. 1657/2011, is rejected by me today. 5. The appellate court has looked into relevant orders and thereafter has passed impugned judgment. I do not see any jurisdictional error or perversity. 6. However, looking to the nature of controversy, proceedings in Regular Civil Suit No. 92/2010 are expedited. The trial court is directed to decide the same as early as possible and in any case, within a period of one year from the date of communication of this order to it. 7. The petition is accordingly disposed of. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp1637