FARAD CONTINUATION SHEET NO: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO.6126 OF 2007 -----------------------------------:------------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : -----------------------------------:------------------------------------- Mr.Lalit V.Jain i/b Mr.Bipin Joshi for the petitioners. Mr.K.D.Jha for the respondent. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. DATED: 20TH FEBRUARY, 2008 DATED: 20TH FEBRUARY, 2008 DATED: 20TH FEBRUARY, 2008 P.C.: . Heard learned counsel for the parties. 2. This petition is directed against the judgment and order dated 19.4.2007 by which the appeal filed by the petitioners challenging the judgment and order dated 12.12.2006 passed on the application at Exhibit-7 in R.A.D.Suit No.2227/2006 has been dismissed. The application - Exhibit-7 was allowed by the trial Court vide judgment and order dated 12.12.2006. By that order the petitioners-defendants, their servants, agents and representatives have been temporarily restrained from using or allowing to use the W.C./toilets and the bathrooms on the first and second floor of the suit building by them, their representatives or other tenants on the ground floor or outsider till the disposal of the suit. This order is operating since 12th December, 2006. Keeping that in view and considering the overall facts and circumstances of the case I am satisfied that the impugned order warrants no interference in the writ jurisdiction of this court under Article 227 of the Constitution of India. However, considering the nature of controversy the trial Court shall endeavour to decide R.A.D. Suit No.2227 of 2006 as expeditiously as possible and preferrably within a period of one year from the date of receipt of this order on merits in accordance with law and uninfluenced by the observations made in the impugned order. All contentions are kept open. With these observations the writ petition is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)