1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Appeal against Order No.9 of 2011 (Shri Vijay s/o Daulatrao Zalode v. Shri Diwakar Narayanrao Lokhande) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri V.N. Morande, Advocate for Appellant. Shri A.S. Chandurkar, Advocate for Respondent. Coram : R.K. Deshpande, J. Dated : 20 th April, 2011 This appeal challenges the order dated 15-10-2010 passed by the Ad hoc District Judge-1, Wardha, in Regular Civil Appeal No.139 of 2009. By this order, the application filed by the appellant for grant of temporary injunction has been rejected. The appellant, who is the original plaintiff, has filed a suit for specific performance of contract. The suit has been partly decreed and the respondent/defendant is directed to pay an amount of Rs.1,00,000/- with simple interest at the rate of 4% per annum from the date of the agreement till its realization. However, the claim of the appellant/plaintiff for grant of specific performance of contract has been rejected. The Trial Court has found that it is the respondent/defendant, who is in possession of the suit property, 2 though the order of temporary injunction was operating pending the suit, restraining the respondent/defendant from disturbing the possession of the appellant/plaintiff over the suit property. In view of this, no case is made out for grant of injunction, as has been asked for. Thus, no fault can be found with the order passed by the Appellate Court rejecting the application of the appellant/plaintiff. The appeal is, therefore, dismissed. However, the Appellate Court is directed to decide the appeal within a period of six months from the date of receipt of writ of this Court. Judge pdl