:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 7557 OF PETITION NO. 7557 OF PETITION NO. 7557 OF 2008 2008 2008 Kamdhenu Sah. Dudh Vyavasayik Sanstha Mtd. Shendur. ... Petitioner. V/s. Smt. Sushila Shivajirao Nimbalakar & Ors. ... Respondents. Mr. A.S. Khandeparkar with Mr. Datta H. Pawar for the Petitioner. Mr. Amit B. Borkar for Respondents 1 to 3. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 21ST 21ST 21ST APRIL 2009. APRIL 2009. APRIL 2009. P.C. P.C. P.C. : : : . This Writ Petition is directed against an order passed by the Lower Appellate Court allowing the Misc. Civil Appeal and quashing and setting aside the order of the Trial Court dated 4th March 2008 (below Exhibit 5) in Regular Civil Suit No. 20 of 2008. 2. The Misc. Civil Appeal is by the Original Plaintiff, who was aggrieved by the refusal of the Trial Court to grant temporary injunction. 3. The Court below after appreciating and appraising the material at prima-facie stage has come to a conclusion that the house of the Plaintiff is in existence for last more than 10 years. Prima-facie, this is to the knowledge :2: of the Petitioner-Defendant. He purchased the Suit property in 2007. In these circumstances, commencing of construction activity without the rights of both sides being adjudicated cannot be permitted is the prima-facie conclusion. 4. After hearing Mr. Khandeparkar, learned Counsel appearing for the Petitioner and Mr. Borkar, learned Counsel appearing for the Respondents, I do not see any reason to interfere with the tentative and prima-facie finding of the Lower Court. The said finding is rendered at an interlocutory stage and would not preclude nor prevent parties from placing before the Trial Court such materials as are permissible in law, while the Suit is being tried. All pleas of both sides are kept open. The Petition is dismissed. However, the Trial Court to endevour and dispose off Regular Civil Suit No.20 of 2008 expeditiously and if possible, by 31st October 2009. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)