1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 9017 OF 2010 Sk. Mehmood s/o Sk. Dadamiya .. PETITIONER VERSUS Mirza Anwarali s/o Rahimatali & others .. RESPONDENTS Mr. T.G. Gaikwad, advocate for the petitioner. Mr. A.P. Munde, advocate for the respondents. ===== CORAM : R. M. BORDE, J. DATE : 30 th SEPTEMBER, 2010. PER COURT : 1 Petitioner is raising exception to the concurrent orders passed by the courts below in respect of grant of injunction prohibiting him from demolishing the disputed wall. The main relief claimed in the suit itself is as regards issuance of perpetual injunction prohibiting the defendant / petitioner herein from demolishing the disputed wall. If the defendant is permitted to go ahead with demolition activities the suit itself is likely to be rendered infructuous. The court below was therefore justified in granting order of injunction against the defendant which has been rightly confirmed 2 by the first appellate court. There is no need to cause any interference in the petition. Petition is devoid of substance, hence stands rejected. However, taking into consideration the nature of controversy involved in the petition, trial court is directed to expeditiously decide the pending suit. 2 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE, J.) dyb/office/wp9017.10.odt