gst 1 ao98.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. APPEAL FROM ORDER NO. 98 OF 2011 WITH CIVIL APPLICATION NO. 157 OF 2011. Meherwan Homi Kooper.... ..... ..... ...Appellant. V/s M/s.Goel Ganga Developers & Ors. ... .... ..Respondents. Mr.Tejas D. Deshmukh, Adv. For the appellant. Mr.Ravi Kadam, Adv. General with Mr.Vishwajeet Sawant and Hitesh Jain i/by ALMT Legal, Adv. For respondent No.1. CORAM: B.R. GAVAI, J. 2nd February., 2011 PC: By way of present appeal the appellant challenges the order dated 8.7.10 vide which the application filed by the present respondent-plaintiff for temporary injunction came to be allowed. It is to be noted that since inception of the suit i.e. 20.1.2010 there has been an order of status-quo in favour of plaitiff. 2. Shri Deshmukh, learned counsel appearing for the appellant submits that the trial court has not taken into consideration several defences raised by the appellant-defendant in the suit. As such the order of injunction is not sustainable in law. 3. Shri Kadam, learned Advocate General on the contrary submits that the learned trial Court after finding that the plaintiff was in possession has protected the possession of the plaintiff and as such no interference is gst 2 ao98.11.sxw warranted. 4. From the pleadings it can clearly be seen that the plaitniff has specifically averred that the plaintiff's name is entered into right of record. In the written statement the appellant though has admitted the mutation entry, he submits that the same has been done by the plaintiff by illegal means. 5. Learned trial court upon prima facie consideration has found that the plaintiff is in possession and therefore put him in possession till disposal of the suit. 6. It is informed at the bar that the suit is at the stage of framing of issues. In that view of the matter I am not inclined to entertain the present appeal. Appeal is therefore disposed of by directing the learned trial Court dispose of the suit on its own merits as expeditiously as possible and preferably within a period of six months from today. 7. In view of disposal of appeal civil application No.157/1022 does not survive and the same also stands disposed of.