1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5318 OF 2008 Vitthal B. Shedge & others .. Petitioners Versus Shri Pandurang N. Shedge & others .. Respondents Shri Nitin Mulye, for the petitioner Shri Piyush Shah, for Respondents 1 to 6 CORAM: MRS. MRIDULA BHATKAR, J. DATED: 28th April, 2009 P. C. Learned Counsels appearing for the petitioners and the respondents, both make a statement that settlement is not possible and mediation failed. Learned Counsel for the petitioner submits that out of three lands in the original suit in respect of which Lower Court has passed order of injunction in favour of the petitioner i.e. Original Plaintiff, in respect of one land i.e. Gat No.359 injunction was refused. The learned Counsel for the contesting respondents submits that though the mediation is failed, the respondents will not create any third party interest till the decision of the suit. In view of this statement, by consent of the parties, petition is disposed of with direction that original suit be disposed as early as possible. ( MRIDULA BHATKAR, J.) jpc/-