1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 149 OF 2003 Mr. Sergio Dias, son of late Damaso Dias, major of age, businessman, unmarried, Indian national, residing at House No.85, Utorda, Salcete, Goa. ....... Petitioner. V/s Mr.Leonard Azavedo, major of age, Indian National, residing at D/26, Kunj Vihar, Bulsroyce Colony, Vakola Bridge, Santa Cruz, East Bombay 400 055. ....... Respondent. Mr. S.D. Lotlikar, Senior Advocate with Mr. P. Lotlikar, Advocate for the petitioner. Mr. A. D'Silva, Advocate for the respondent. CORAM : P.B. MAJMUDAR, J. DATE : 6 th FEBRUARY, 2009 ORAL JUDGEMENT: The petitioner herein is the original defendant against whom the respondent-plaintiff has filed the suit being Regular Civil Suit No. 2 177/96/II before the IInd Additional Civil Judge, Senior Division, Margao. In that suit, the plaintiff submitted an application for temporary injunction under Order XXXIX of the Code of Civil Procedure. The subject-matter of the suit is an open space, surrounding house No. 185 situated in Survey No. 54/1 of Village Utorda, Salcete Taluka. 2. It is the case of the plaintiff that he has been threatened by defendant to dispossess him of the open land around the house. The said suit by the plaintiff is for perpetual injunction and other consequential reliefs. The defendant resisted the said suit on various grounds. The learned trial Judge, ultimately, found that the plaintiff has made out prima facie case and also found that the balance of convenience is in favour of the plaintiff. By an order of temporary injunction, the defendant was restrained from disturbing the plaintiff's possession in the part of the Survey No. 54/1, namely 54/1-B, rest of Survey No. 54/1-A, along with house B, existing tank and the existing well. 3. The original defendant having been aggrieved by the said order, preferred miscellaneous civil appeal under Order 43 of CPC, 3 being Miscellaneous Civil Appeal No. 112/1997. The learned appellate Court dismissed the said appeal with costs by judgment and order dated 19.3.1999. By filing this petition, the petitioner/original defendant has challenged the impugned orders of the trial Court as well as that of the appellate Court. 4. At the time of hearing of this petition, both the learned Advocates have fairly submitted that the interim orders granted during the pendency of this petition, be continued with the prayer that the hearing of the suit may be expedited. In view of the consent given by both the learned Advocates, this petition is disposed of by directing that pending decision of the civil suit, the order passed by the trial Court in CMA No. 307/96/I in Regular Civil Suit No.177/96 shall not prohibit the petitioner from using water from the well which is also subject- matter of the proceedings. Except that the order of the trial Court shall prevail. 5. The writ petition is, accordingly, disposed of in the aforesaid terms and the interim order passed by this Court on 28/03/2003 shall continue to operate during the pendency of the suit. 4 Considering the facts and circumstances, the suit is expedited. The trial Court shall dispose of the suit within 6 months from the receipt writ of this Court. Petition is disposed of accordingly. P.B. MAJMUDAR, J. ssm.