1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5349 OF 2003 Kantilal Chunilal Shamsukha Petitioner versus Shaikh Ejaz Noormohammed and others Respondents Umesh R. Mankapure for petitioner. S.M.Gorwadkar for respondents 1 to 6. CORAM : A.S.OKA, J. DATE : 21st July 2009 PC :- 1. The petitioner is the original defendant no.26. In a suit filed by first to sixth respondents (original plaintiffs) on 26th March 2002, an interim injunction was granted restraining the defendants from creating third party interests in respect of the suit property. Initially, an application for injunction was dismissed by the Trial Court and the impugned order has been passed in an appeal preferred by the original plaintiffs. Thus, the order of temporary injunction is operating for last more than seven years. The learned counsel for the original plaintiffs states that the evidence of the plaintiffs has been already recorded. 2. Learned counsel for the petitioners submits that the petitioner has completed the construction of the apartments and, therefore, the impugned order is hurting the petitioner. 3. The substantive suit is pending. The interim order restraining the petitioner and other defendants from creating third party interests is 2 operating since last seven years. The suit is partly heard. Therefore, in writ jurisdiction, no interference is called for. The writ petition is rejected. It is, however, clarified that the observations made in the impugned order are only tentative observations and the suit will be decided without being influenced by the said observations. Hearing of the suit is expedited. (A.S.OKA, J.)