1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD APPEAL FROM ORDER NO.116 OF 2007 WITH CIVIL APPLICATION NO.8900 OF 2007 Laxman s/o Bansi Awasthi and another APPELLANTS VERSUS Sundarprasad s/o Sureshprasad Awasthi and others RESPONDENTS ..... Shri P.R. Katneshwarkar, Advocate for the appellants Shri R.B. Deshmukh, Advocate for respondent Nos.1 to 3 ..... CORAM : S.P. DAVARE, J. DATED : 11th June, 2009. ORAL ORDER : 1. The present Appeal from Order emerges and preferred by the appellants (original plaintiffs) challenging the order passed by learned 3rd Jt. Civil Judge, Senior Division, Latur on 4.10.2007 in Special Civil Suit No.104/2007 on Exh. 5 therein, thereby rejecting the interim injunction. 2 2. The appellants (original plaintiffs) have filed Special Civil Suit No.104/2007 for declaration of ownership and that the sale deed bearing Day Book No.3304/2005 is null and void, and also for injunction. The appellants (original plaintiffs) preferred application (Exh. 5) therein for temporary injunction, requesting that the defendants/ respondents be restrained from making attempts of dispossession of the plaintiffs and interference in the legal peaceful possession of the plaintiffs over the suit land. However, by the impugned order dated 4.10.2007, learned 3rd Joint Civil Judge, Senior Division, Latur rejected the said application. Being aggrieved and dissatisfied by the said order, the appellants (original plaintiffs) have preferred the present appeal from Order assailing the same. 3. On the face of the said position, both the learned counsel submitted that written statement has been filed in Special Civil Suit No.104/2007 by the defendants/ respondents and the matter is fixed for framing of the issues. Hence, the crucial question in the matter is in respect of possession of the suit property which is required to be decided by giving opportunity to both the parties for adducing evidence before the trial Court. Hence, in the facts and circumstances, it is desirable to decide the suit itself at the earliest and, therefore, the learned 3rd Joint Civil Judge, Senior Division, Latur is directed to decide Special Civil Suit No.104/2007 expeditiously as early as possible, after giving opportunity to both the parties for adducing evidence therein, but within a period of six months from the date of 3 receipt of writ from this Court. Meanwhile, the interim relief of status quo granted by this Court shall remain in existence till the disposal of the said suit. With the said directions, present Appeal from Order stands disposed of accordingly. 4. In view of disposal of the Appeal from Order and since the interim relief granted in Civil Application No.8900/2007 has been continued till the disposal of Special Civil Suit No.104/2007, nothing survives in Civil Application No.8900/2007 and, therefore, same also stands disposed of. (S.P. DAVARE, J.) fmp/ao116.07