1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO.100 OF 2008 Sheshrao s/o Namdeo Zimman - APPELLANT VERSUS Devidas s/o Namdeo Zimman & Ors. - RESPONDENTS ***** Mr.Amol S.Gandhi,Advocate for Appellant; Mr.B.A.Darak, Advocate for Resp.Nos. 1 to 3. ----- CORAM : K.U.CHANDIWAL, J. DATE : 21st January, 2010. PER COURT : 1) Heard Mr.Gandhi for the appellant/original plaintiff. 2) Original plaintiff, being aggrieved by order dated 21.8.2008 recorded by 2nd Joint Civil Judge, Senior Division, Aurangabad, rejecting Exhibit-5 (grant of temporary injunction in the terms as sought), has challenged the same. 3) While moving the present Appeal, CA No. 10996/2008 was moved, and on hearing the learned 2 Counsel, by order dated 18.10.2008, ad interim relief in terms of prayer clause (C), which runs as under, is running in favour of the present appellant/original plaintiff. "Pending hearing and final disposal of this Civil Application and Appeal from Order, the defendants, their agents, servants or any one acting on behalf of them may be restrained from interfering and disturbing in to the peaceful possession of plaintiff over the suit land Gut No. 65 admeasuring 10 H. 49 R. and the residential house bearing Gram Panchayat House No.112 situated at village Adgaon (Jehur), Tq. Kannad, Dist. Aurangabad and creating third party interest in the suit premises as mentioned above." 4) The plaintiff asserts, though there is a sale-deed in favour of Respondent nos.4 and 5, he is in possession of the property. The Counsel also refers to sister's filing a suit being RCS No.77/2006 before the learned CJSD, Kannad, in which there operates an order, directing both the parties to maintain status quo till filing of Written Statement dated 6.6.2006. 5) Since Mr.Darak appearing for Respondent nos.1 to 3 informs, the matter is ready for recording the evidence. Keeping the order in CA No.10996/2008 in terms of prayer clause (C) referred above in force, learned Civil Judge, 3 Senior Division is directed to dispose of the suit expeditiously. 6) The Appeal from Order disposed of with above directions. No costs. CA disposed of. (K.U.CHANDIWAL) JUDGE bdv/AO100.08