1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5957 OF 2011. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ Mr.K.N.Lokhande, advocate for the petitioner. CORAM : S.V.GANGAPURWALA,J. Date : 30.08.2011. 1. Heard. 2. The Respondent had filed a suit challenging the demand of tax. The Respondent filed an application for temporary injunction. The trial Court rejected the application. Aggrieved thereby, the Respondent filed an appeal before the District Court. The District Court allowed the appeal. Aggrieved thereby, the defendant has filed the present Writ Petition. 3. Mr.Lokhande, learned counsel for the petitioner submits that inspite of the fact that tax appeal is provided, the suit is filed challenging 2 the demand notices/bills. The suit itself was not maintainable and when the suit itself is not maintainable, no interim orders can be passed. The District Court committed an error in allowing the Misc. Appeal filed by the plaintiff. According to the learned counsel, the petitioner provides for the amenities and under the statute it is entitled to collect the taxes. The same should not have been stayed. 4. The suit is filed in the year 2010. It is not disputed that the said bills are not executed nor the notice of attachment is executed, when the order impugned is passed in March, 2011. It would be appropriate in such situation to direct the trial Court to dispose of the suit expeditiously. 5. In the result, without adverting to the merits of the matter, I dispose of the Writ Petition with directions to the trial Court to dispose of the suit bearing RCS No.559/2010, expeditiously and preferably within a period of nine (9) months 3 from today. No costs. (S.V.GANGAPURWALA,J.) Dt.30.08.2011. asp/office/wp5957.11