- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER No. 225 OF 2009 WITH CIVIL APPLICATION No. 759 OF 2009 Krishna Ganpat Thakur & Ors. ... Appellants Vs. M/s. M. K. Builders & Ors. ... Respondents Mr. R. S. Apte, Sr. counsel i/b , for appellant. Mr. Anil C. Singh i/b Mr. Sandesh D. Patil, for respondent No.1. Mr. Mandar Limaye for respondent No. 6. CORAM : R. V. MORE, J. DATE : JUNE 23, 2009. PC :- 1. Heard the learned counsel for the appellants and the respondent No.1. Appellants are original defendant Nos. 1, 2 and 4;and respondent No.1 is the plaintiff in Special Civil Suit No. 656 of 2006. Said suit was filed for declaration that the development agreement and the power of attorney dated 18th August, 2003 executed by the appellant and respondent Nos. 2 to 5 in favour of respondent No.1, are legal, valid, subsisting and binding upon the appellant and respondent No.1. - 2 - 2. Respondent No.1 also filed an application at Exhibit 5 for temporary injunction against the appellant and respondent Nos. 2 to 5 restraining them from creating third party interest in the suit property. Said application came to be allowed by the order impugned in the present appeal. and appellants and the respondent Nos. 2 to 5 are thereby temporarily restrained by an order of injunction from creating third party interest, in the suit property. 3. The appellants have half share and the respondent Nos. 2 to 5 have half share in the suit property. By the supplementary agreement/relinquishment deed, the respondent Nos. 2 to 5 have relinquished their right in favour of respondent No.1, for valuable consideration. This position is not disputed by the appellants. Thus, respondent No.1 undoubtedly acquired right in respect of shares of respondent Nos. 2 to 5 in the suit property. Be that as it may, by the order dated 24th November 2006, the trial Court directed both the parties to maintain status-quo in respect of the suit property. The statement made by the learned counsel for the respondent No.1 that this order of status-quo is continued from time to time till passing of impugned order and ultimately by the impugned order the appellants and respondent Nos. 2 to 5 are restrained from creating any third party interest in the suit property. It is submitted that pleadings in the suit have already been completed and the issues are also framed. The suit is at the stage of trial. Taking totality of the circumstances into consideration, I am - 3 - not inclined to interfere in the order, impugned in the present appeal. Interest of justice would be sub-served by directing the trial Court to expedite hearing of the suit. In the result, I pass following order. ORDER (i) Appeal is dismissed. (ii) The learned trial Court (2nd Jt. Civil Judge, Sr. Division, Thane) is directed to dispose of Special Civil Suit No. 656 of 2006 as well as the counter-claim therein, as expeditiously as possible, and preferably within a period of six months from the date of receipt of this order. (iii) In view of dismissal of present appeal Civil Application No. 759 of 2009 does not survive for consideration and the same is accordingly disposed of. Sd/- [ R. V. MORE, J.]