1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. APPEAL AGAINST ORDER NO.55 OF 2007 (NAGRIK GRUHA NIRMAN SAH SANSTHA LTD.. Vs SMT.SITABAI KAMAJI KAPHANICHOR & OTH.) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ CORAM : R.C.CHAVAN, J. DATED : JULY 29, 2008. 1. Heard Shri Sunil Manohar, learned counsel for the appellant, Shri V.D.Mule, learned counsel for respondents No.1 to 7 and Shri D.L.Dharmadhikari, learned counsel for respondent No.11. 2. This appeal by original plaintiff in Regular Civil Suit No.359/2000 is directed against order by the learned District Judge refusing temporary injunction during the pendency of the appeal. An injunction was in force during the pendency of the suit till it was first dismissed on preliminary issue. Thereafter the suit was decided on merits and dismissed again. 2 After the appellants filed appeal before the appellate Court, injunction was refused and this is how the appellants are before this Court. This Court had directed the parties to maintain status quo on 13.06.2007 and since then the status quo is in force. 3. Shri Manohar, learned counsel for the appellant/ plaintiff, Shri Mule, learned counsel for respondents No.1 to 7/ original defendants No.1 to 7 and Shri Dharmadhikari, learned counsel for respondent No.1/ original defendant No.11 state that they do not wish to tender any additional evidence before the appellate Court. 4. Shri Manohar, learned counsel for the appellant states that he would prepare and file private paper book within a period of two weeks. The parties agree that they would not seek any adjournment before the first appellate Court and have their lis decided within a period of four weeks of tendering the private paper book. 3 5. In view of above, the appeal is disposed of, directing the District Judge to decide the appeal, itself, on merits, within a period of six weeks from today. 6. Till then order, directing maintenance of status-quo, shall be in force. On default by the appellant/ plaintiff the order shall stand vacated. JUDGE RR.