1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.8211 OF 2009 AND WRIT PETITION NO.8711 OF 2009 Prakash Anantrao Patil & Ors ...Petitioners (in both the petitions) vs. Namdeo Vasant Mane ...Respondent (in both the petitions) Mr.Dilip Bodake for the petitioners Mr.Surel Shah for the respondent CORAM :A.S.OKA,J. DATE : OCTOBER 15, 2009 P.C. 1 Heard the learned counsel for the parties. The learned counsel for the petitioners on instructions of the petitioners states that without prejudice to their rights and contentions in the pending appeal, they will abide by the order of temporary injunction dated 1 st December 2008 passed by the trial court till the disposal of the appeal. Statement is accepted. 2 The challenge in writ petition no.8211 of 2009 is to order passed by the trial court granting police aid for implementation of the order of temporary injunction. In view of the aforesaid statement made by the petitioners through their counsel, now the said order will not survive and the same will have to be set aside in the 2 light of the statement. If the petitioners fail not abide by the said order dated 1 st December 2008, remedies of the respondent are kept open. In view of the aforesaid statement, the writ petition no.8711 of 2009 will not survive. 3 Hence, I pass the following order : i) The statement of the petitioners made through their counsel is accepted. In view of the said statement, writ petition no.8711 of 2009 does not survive and the same is disposed of. ii)In view of the said statement, order impugned in writ petition no.8211 of 2009 is quashed and set aside. It is, however, clarified that if the petitioners fail to abide by the aforesaid statement, remedies of the respondent remain open. iii)Hearing of the pending appeal is expedited. The same shall be decided preferably on or before 31 st March 2010. It is obvious that the appeal will be decided on its own merits without being influenced by the aforesaid statement made by petitioners. iv)The writ petitions are disposed of. JUDGE