1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 3672 OF 2007 (Yadavrao Raghobaji Tembhare .v. Gandhinagar Coop. Housing Society) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri V.J. Dharkar, Advocate for the petitioner. CORAM : R.V. MORE, J. 06TH MAY, 2008. Heard the learned Counsel appearing on behalf of the petitioner. The respondent filed a suit for permanent injunction. In this suit, the application under Order 39 Rule 1 and 2 also came to be filed by the respondent for temporary injunction, restraining the petitioner, his employees and his labourers from taking possession of the suit land forcibly, illegally and unlawfully. The trial Court rejected this application by an order dated 24.02.2006. The respondent preferred Miscellaneous Civil Appeal No. 297/2006 and by the impugned order, the present petitioner is restrained from changing the nature of the suit field in any other manner till final disposal of the suit. The learned Counsel for the petitioner submits that the lower Courts found that the respondent is not in 2 possession of the suit property and, therefore, the impugned order could not have been passed. The lower appellate Court held that no prejudice would be caused to the petitioner if he is directed to maintain the status quo particularly by not creating third party interest. The learned Counsel for the petitioner makes a statement that the suit is at the stage of evidence. The impugned order is passed way back on 16.02.2007. The petitioner has suffered this order since last one year and three months and in view of the fact that the suit is at the stage of evidence, I do not find any justification to interfere in impugned order passed by the lower appellate Court in my jurisdiction under Article 227 of the Constitution of India. The petition is dismissed accordingly with no order as to costs. The trial Court however shall expedite the hearing of the suit. JUDGE *rrg.