1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6082 OF 2009 Smt.Kanak Kumar and another Petitioners versus Nandkishore Gulabrao Ghule and others Respondents AND WRIT PETITION NO.6083 OF 2009 Pravin Sakharam Kadam and others Petitioners versus Nandkishore Gulabrao Ghule and others Respondents Mr.A.M.Joshi for petitioners in both petitions. Mr.Prathamesh Bhagude for respondents 1 to 5 in both petitions. CORAM : A.S.OKA, J. DATE : 27th January 2010 PC :- 1. Heard learned counsel appearing for the petitioners who are the original plaintiffs. The Trial Court granted temporary injunction in favour of the plaintiff. By the impugned order dated 24th July 2009, the order of injunction has been set aside by the Appellate Court. 2 2. The learned counsel for the petitioner has made detailed submissions. He submitted that this was a case where parties ought to have been directed to maintain status-quo. He submitted that the petitioner will apply for appointment Survey Officer as Court Commissioner and thereafter appropriate orders can be passed by the Trial Court. 3. The order of temporary injunction is not operating from 24th July 2008. On prima facie consideration of material on record, the Appellate Court has come to the conclusion that the petitioner is disentitled to claim equitable relief. 4. No case is made out to interfere under the power of superintendence under Article 227 of the Constitution of India. The petition is rejected. However, it will be open for the petitioner to apply to the Trial Court for appointment of a Survey Officer as a Court Commissioner. Hearing of the suit is expedited. The Trial Court will endeavour to conclude the hearing of the suit on or before 31st October 2010. (A.S.OKA, J.)