1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR APPEAL AGAINST ORDER NO. 118/2007 (Shyamrao Amrutrao Jichkar and three others vs. Sau.Anjana w/o Nilkanthrao Gudadhe and 2 others) ---------------------------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions and Registrar's orders. .................................................................................................................................................................. Shri R.T.Anthony, counsel for petitioner Shri A.R.Patil,Adv.for Respondent 1 to 3 CORAM: B.R. GAVAI , J. DATED: 11th February, 2008. *** By way of present appeal, the appellants challenge the order dated 29th August, 2007 vide which the learned Joint Civil Judge, S.D., Nagpur has passed an order of injunction restraining the defendants from alienating, transferring or selling the suit lands. 2. Respondents/plaintiffs filed a suit for partition and separate possession. Along with the plaint, an application for temporary injunction under O.39 R. 1 and 2 of CPC came to be allowed. Hence the present appeal. 2 3. Shri R.T.Anthony, learned counsel appearing on behalf of the appellants submits that the learned trial Court has erred in granting an order of injunction against the defendants. He submits that the loss, if any, caused to the plaintiffs could be compensated in monetary terms and, as such, injunction ought to have been granted. 4. Shri Patil, learned counsel for respondents supports the impugned order. 5. On perusal of the order impugned, it cannot be said that the view taken by the learned trial Court is an impossible or perverse view. In that view of the matter, I am not inclined to interfere with the impugned order. appeal is disposed of. However, taking into consideration the facts and circumstances of the case, the trial Court is directed to expedite the trial of the suit and conclude the same as far as possible and positively within one year from today. Needless to say that the observations made in the impugned order since being a prima facie nature, the same cannot be taken into consideration at the stage of trial. JUDGE sahare