1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2421 OF 2008 Kantabai w/o. Dagduba Dabhade ....Petitioner. Versus Ramrao s/o. Shamrao Dabhade and Ors. ....Respondents. Shri. S.S. Naik, Advocate for the petitioner. CORAM : R.M. BORDE, J. DATE : 5th April, 2010 PER COURT : 1. The petitioner is raising exception to the order passed by the First Appellate Court in M.C.A. No. 157/2007 on 31st October 2007, reversing the order passed by the Trial Court below Exh. 5 in R.C.S.No. 84/2007 dated 1.8.2007 granting injunction in favour of petitioner/plaintiff. 2. The original plaintiff/petitioner herein instituted suit being Regular Civil Suit No. 84/2007, claiming perpetual injunction against the defendants. During continuation of suit, plaintiff presented an application seeking order of injunction against the defendant. The Trial Court initially granted interim injunction in favour of petitioner. The order passed by the Trial Court was subjected to appeal at the instance of 2 the defendants and considering the Misc. Civil Application the First Appellate Court reversed the judgment and order passed by the Trial Court. On presentation of this petition, initially this Court directed to the parties to maintain statusquo. The petitioner did not take steps for serving all the respondents and as such, name of respondent No. 3/original defendant No. 3 stands deleted. On account of continued absence of counsel for the petitioner, this Court was constrained to vacate the interim order granted earlier on 18th of March 2010. 3. The fact, however, remains that there is no protection granted in favour of petitioner since 31st of October 2007 in the form of interim injunction. In these circumstances, it is desirable to direct the Trial Court to decide the pending civil suit expeditiously. No interference is called for in the extraordinary jurisdiction of this Court under Article 227 of the Constitution of India at this interlocutory stage. The petition, therefore, stands rejected. However, the Trial Court is directed to decide the Regular Civil Suit No. 84/2007 as expeditiously as possible preferably by the end of the year 2010. [ R.M. BORDE, J. ] ssc/wp2421.08