1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4945 OF 2009 ( Malik Abdul Sattar Haji Abdul Gaffar . -: versus :- Malik Abdul Salam Haji Abdul ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : NOVEMBER 26, 2009. Heard Shri S.S. Murthy, learned counsel for petitioner. He argues that the petitioner himself has filed suit for possession and has also disclosed that though disputed sale deed was in his possession it has been misplaced or lost. According to him, in these circumstances, unnecessarily both the Courts have granted / maintained the temporary injunction against the petitioner. I have perused both the orders. The interim order restrain the petitioner from disturbing the possession of respondent and also restrain him from creating any third party interest in it. The suit is filed by respondent against petitioner for injunction and declaration. Petitioner’s son also appears to have filed suit for possession for very same property against the respondent. In this circumstances, when parties are at issue in relation to suit property, grant of 2 temporary injunction in the matter cannot be unjustified. However, it is made clear that the observations made therein are only prima facie in nature/character and shall not influence the final adjudication of controversy in either suits. At this stage, learned counsel for petitioner states that the suit is of the year 2000 and the same should be expedited. He also informs that the suit is already at the stage of evidence. He also submits that suit filed by the present petitioner is at the stage of issue, but in different court. In the circumstances, both the suits are expedited and liberty to petitioner to move the Principal District Judge for getting both the suits transferred to one court and for clubbing them. Subject to this and with above clarification Writ Petition is disposed of. No costs. JUDGE Rgd.