kbp 1 2387-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBA CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2387 OF 2009 Narayan Dinkar Sonavane and ors. ..Petitioners. Vs. Jaywanti Gajanan Ajagaonkar and ors. ..Respondents ......... Mr.Rahul Walvekar, for petitioners. Mr.S.S.Patwardhan, for respondent no.3. Mr.N.J.Patil, for respondent no.1. ......... CORAM : A.S.OKA, J.. DATE : 23 rd SEPTEMBER, 2009. P.C. : 1] Heard learned counsel for the petitioners and learned counsel for the first respondent and learned counsel for the third respondent. 2] Learned counsel for the petitioner pointed out that during the pendency of suit there was no interim relief granted in favour of first respondent – plaintiff. An appeal against the decree passed in the suit in favour of 1 st respondent has been admitted by the District Court. The submission of the petitioner is that the prayer for interim stay has been erroneously rejected by the Appellate Court. 3] The decree passed by the trial court is not of perpetual injunction but is of mandatory injunction directing the defendants to demolish a wall. As there was no interim relief operating in favour of the first respondent during the pendency of the suit, the ad­interim relief granted by this Court on 16 th February, 2009 deserves to be continued as interim relief till the final disposal of the pending appeal. 4] Writ Petition is disposed of by passing the following order: kbp 2 2387-09.sxw (a) Ad­interim relief granted by this Court on 16 th February, 2009 shall continue to operate as interim relief relief till the disposal of the appeal before the District Court. (b) The hearing of the appeal is expedited and the appeal shall be disposed of within a period of six months from today. (c) All contentions of the parties are kept open. (d) Writ Petition is partly allowed in the above terms. ( A.S.OKA, J. )