gst 1 ao40.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. APPEAL FROM ORDER NO. 40 OF 2011 WITH CIVIL APPLICATION NO. 51 OF 2011.. Hanumant Dattu Nikam ... . ..... .... Appellant. V/s The Collector Satara & Ors. ... .... ... Respondens. Mr.Vishwajeet V. Mohite, Adv. For the appellant. CORAM: B.R.GAVAI, J. 25th Jan., 2011. PC: By the present appeal the appellant challenges the order dated 5.10.2010 vide which the application filed by the present appellant for restraining the defendant from creating any third party interest came to be rejected. The appellant had filed Regular Civil Suit No.433/96 for permanent injunction against the respondent in 2002. Said suit was dismissed. Being aggrieved thereby Regular Civil Appeal No.40/02 was filed by the present appellant. In the said suit an application for temporary injunction below Ex.7 also was filed. Same was rejected. Writ Petition challenging the said order was dismissed by this Court in the year 2003. In the meantime the appeal came to be dismissed for default in the year 2006. The said appeal was restored on 1.2.2010. Thereafter the present application has been filed below Ex.80. gst 2 ao40.11.sxw 2. Mr.Mohite, learned counsel appearing for the appellant submits that the learned appellate court has failed to take into consideration various material documents while rejecting the application. 3. It is not in dispute that after the suit was dismissed in the year 2002 there is no order of injunction operating in favour of the present appellant. I am therefore of the considered view that granting an injunction after a period of 9 years of dismissal of suit would not be in the interest of justice. In that view of the matter I am not inclined to entertain the appeal. The appeal is therefore dismissed. However taking into consideration that the appeal which is pending before the learned District Judge is filed in the year 2002 hearing of the said appeal is expedited. Learned appellate court is directed to decide the appeal on its own merits within a period of three months from today. 4. In view of disposal of appeal Civil Application No.51/2011 does not survive and the same also stands disposed of.