ao28.10.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR APPEAL AGAINST ORDER NO. 28/2010 Shri Hariprasad Ramprasad Dakaha ..vrs.. Sanjay Khumani Damankar Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.Mohan Sudame, Advocate for appellant. Mr.N.B.Bargat, Advocate for respondent. Coram: R. K. Deshpande, J. Date : 31 st March, 2010 This appeal is preferred by the original defendant challenging the order dated 6.11.2009 passed below Exh.5 by the learned Civil Judge,Senior Division, Nagpur, allowing the application for temporary injunction filed under Order 39, Rule 1 and 2 of C.P.C. restraining the defendant from creating third party interest and disturbing the peaceful possession of the plaintiff over the suit property, pending final disposal of the suit. Learned counsel for the parties, Shri Sadame, appearing for the appellant and Shri Bargat, appearing for the respondent have arrived at the settlement to the effect that ao28.10.odt 2 the order of injunction shall operate pending the decision of the suit and the plaintiff who is found to be in possession of the property shall not part with the possession or create any third party interest in the suit property. With this settlement, the learned counsel submit that the trial Court can be directed to decide the suit expeditiously. In view of above, the present appeal against order is disposed of in the aforesaid terms which are treated as an undertaking by parties, with further direction to the trial Court to decide the suit within a period of one year from the date of this order. The Appeal Against Order stands disposed of. J UDGE Rvjalit