1 ao362 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO.362 OF 2011 Banarasi Gokul Yadav ...Appellant vs. Hemand Sahani & Anr. ...Respondents Mr.Anil Singh i/b Mr.K.R.Tiwari & Co. for the appellant Mr.A.C.Tripathi for the respondents CORAM : A.S.OKA,J. DATE : APRIL 11,2011 P.C.: 1 Heard learned counsel for the appellant. By the impugned order, the learned trial Judge has declined to grant interim relief of temporary injunction which is discretionary in nature. 2 I have considered the submissions. I find no error in the impugned order. Going by the case of the appellant, he was forcibly dispossessed by the respondents from the suit premises in the year 2006. The suit has been filed in the year 2010. The averments made in the plaint show that the before filing the suit, except for filing police complaints there are no steps taken by the appellant against the respondents- defendants. The suit has been belatedly filed in the year 2010. Hence, the learned trial Judge was justified in declining to grant relief of temporary injunction which is a discretionary relief. 3 Hence, no case for interference is made out. Appeal is dismissed. 2 ao362 4 It is obvious that if any transfer or alienation is made during the pendency of the suit, the same will be subject to final outcome of the suit. 5 All contentions of the parties on merit of the suit are kept open. 6 Hearing of the suit is expedited. 7 Civil application no.500 of 2011 does not survive and the same is disposed of. JUDGE