1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7695 OF 2009 Kundlik Bhavana Patil .. Petitioner versus Annappa Bhavana Patil & Ors. .. Respondents Mr.D.S.Sawant i/by Mr.Rajesh B. Parab for the petitioner. Mr.S.V.Sadavarte for the respondent Nos.2 to 5. CORAM : A.S.OKA, J. DATE : 5th October 2009. P.C: . Heard learned counsel appearing for the petitioner and the learned counsel appearing for the 2nd to 5th respondents. The application for temporary injunction made by the petitioner has been dismissed by the trial Court and an appeal preferred by the petitioners has been dismissed. The Appellate Court in the impugned judgment has observed that the Court Commissioner’s Report discloses that the construction has been made up to the slab level and the 2nd respondent has left open an open space admeasuring 33 ft X 18 ft towards the southern side. 2. The learned counsel appearing for the 2nd to 5th respondents states that the said respondents are constructing a house for themselves and they will not create any third party interests in respect of said house till the disposal of the suit. The statement is accepted. 2 3. It is obvious that construction which is carried out by the said respondents will be subject to final outcome of the suit. In view of the aforesaid statement, the petitioner is sufficiently protected. 4. The learned counsel appearing for the petitioner submitted that an application made by the petitioner under Rule 2A of Order XXXIX of the Code of Civil Procedure, 1908 is pending before the trial Court. It is obvious that the trial Court will proceed to decide the said application in accordance with law. 5. No case is made out for interference. The statement made by the learned counsel appearing for the 2nd to 5th respondents is accepted. It is obvious that construction carried out by the said respondents will be subject to final outcome of the suit. Subject to what is observed above, no case for interference is made out. Petition is rejected. All contentions of the parties on merits are kept open and the trial Court will decide the suit expeditiously without being influenced by the tentative findings recorded in the impugned orders. (A.S.OKA,J)