1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4628 OF 2008 Popat T. Jadhav & Ors. .. Petitioners Versus Audumbar T. Todkar & Anr. .. Respondents Mr.Dilip Bodke for petitioner Mr.P.M.Mengane for respondent No.1 CORAM : S.C.DHARMADHIKARI, J. DATE : 20th April 2009. P.C. . This petition is directed against an order passed by Lower Appellate Court allowing applications which have been preferred by respondent No.1 original plaintiff. By the order under challenge, the Dist.Court Solapur allowed Civil Misc.Appeal No.31 of 2008 and restrained present petitioners from disturbing or obstructing plaintiff in his use and occupation of the premises. 2 2. Grievance of Mr.Bhosale is that two applications were preferred by plaintiff - respondent No.1. The first application was for seeking restraint against creation of third party rights during the pendency of suit and second application (Exh.40) claims temporary injunction in terms aforesaid. Both applications were rejected but only one of the order was challenged in the lower appellate court. The lower appellate court has granted reliefs i.e. restraint against dispossession and creation of third party rights in both applications. That was impermissible in law. 3. On 27th August 2008, after hearing both sides, this Court directed filing of reply affidavit and rejoinder. The Court directed both sides to maintain status quo in respect of suit property. 3 4. After this matter was heard by me at length, I am of the opinion that the order dated 27th August 2008 passed by this Court sufficiently protects interest of parties and can be continued till the disposal of suit before the trial court. Of course, liberty is granted to seek modification of the same as and when occasion arises. Presently, petitioners are neither causing any obstruction, if at all respondent No.1 - plaintiff is in possession nor the complaint is with regard to creation of rights in favour of third parties. Therefore, interest of justice would be sub-served if both sides are directed to maintain status quo as prevailing on 27th August 2008 and the same shall continue till the hearing and final disposal of the Regular Civil Suit. In the peculiar facts of this case, the trial court may consider expeditious disposal of the said suit. All contentions on merits are kept open. Petition disposed of as above. No costs. 4 (S.C.Dharmadhikari, J)