ao53.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD APPEAL FROM ORDER NO. 53 OF 2010 Umesh s/o Kishanrao Mogadpalli & another .. PETITIONERS VERSUS Hemant s/o Sriram Patil & others .. RESPONDENTS Mr. C.R. Bharaswadkar, advocate for the petitioners. Mr. M.V. Ghatge, advocate for respondent nos. 6, 7 and 9. ===== CORAM : R.M. BORDE, J. DATE : 22 nd MARCH, 2011. PER COURT : 1 This appeal from order is directed against the order passed by the learned Civil Judge, Sr.Dn., Nanded on 2-3-2010 below exh.6 in Special Civil Suit no. 56/2008 whereby the application presented by the appellants / original plaintiffs seeking temporary injunction against the respondents / original defendants came to be rejected. 2 It is evident that since the date of presentation of the suit i.e. since ao53.10 2 2008, there is no interim restraint order operating against the defendants. Application tendered by the plaintiffs was rejected in the year 2010. Considering this aspect of the matter, it would not be prudent to pass any restraint order for the first time against the defendants, after lapse of more than three years, while dealing with this appeal from order. Appeal from order therefore does not require any consideration and the same stands rejected. 3 The suit presented by the plaintiffs seeking declaration and injunction against defendants is pending since 2008. It would be in the interest of justice to direct the trial court to dispose of the pending suit expeditiously. Learned Civil Judge, Sr.Dn., Nanded is directed to dispose of Special Civil Suit no. 56/2008 as expeditiously as possible preferably by the end of the year 2011. 4 In view of disposal of the appeal, pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb