1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4991/2008 (Shankarlal R. Choudhary vs. Arun R. Gawande) CORAM : B.P.Dhamadhikari, J. DATE : 4 th DECEMBER, 2008 The matter was heard on 1.12.2008 and was adjourned to today to enable the counsel for the petitioner to take further appropriate instructions in the matter. It is apparent that courts below have passed the impugned order after noticing that the respondent/defendant succeeded in showing that he was dispossessed after obtaining the temporary injunction order under Order 39, Rule 1 & 2 of C.P.C. The finding does not appear to be perverse. I am, therefore, not inclined to interfere in the matter. The proceedings in Regular Civil Suit No. 158/2007 are expedited. The Joint Civil Judge, Junior Division, Akola, is directed to dispose of the suit as early as possible and in any case by 31st December, 2009. If the petitioner after recording all evidence succeeds in showing that he was actually in possession on the relevant date, he will be at liberty to move application under Section 144 of C.P.C. for restitution. It is made clear that the observations made 2 either by lower appellant court or this Court are the prima facie view of the matter and the Trial Court should not in any way be influenced while deciding the matter on merits. JUDGE Rvjalit