1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD APPEAL FROM ORDER NO.45 OF 2009 WITH CIVIL APPLICATION NO.5093 OF 2009 Devanand s/o Sattaji More & others ... APPELLANTS VERSUS Harjeetsingh s/o Puransingh Chugh & others ... RESPONDENTS ..... Shri G.D. Kale, Advocate for the appellants Shri S.V. Kurundkar, Advocate for Respondent No.1. ..... CORAM : S.P. DAVARE, J. DATED : 11th June, 2009. ORAL ORDER : 1. Perused. Heard both the learned respective counsel for the parties. 2. At the outset, the respondents (original plaintiffs) filed Special Civil Suit No.39/2009 before the Civil Judge, Senior Division at Nanded for specific performance of contract and for ancillary reliefs 2 against the appellants (original defendants) and preferred application for temporary injunction (Exh. 62), seeking relief that defendant Nos.1 to 5 be restrained from obstructing the peaceful possession of the suit land pending the suit and the 3rd Joint Civil Judge, Senior Division, Nanded allowed the said application by order dated 17.4.2009, but restrained the defendants from creating third party interest as well as alienating the suit property till the final decision of the suit. Being aggrieved and dissatisfied by the said order, the defendants/ appellants have filed the present Appeal from Order assailing the same. 3. Apparently, the relief sought by the respondents (original plaintiffs) in the application (Exh.6) was in respect of injunction, requesting to restrain the defendant Nos.1 to 5 from obstructing the peaceful possession of the suit land pending the suit. But while passing the order by the learned 3rd Jt. Civil Judge, Senior Division, Nanded thereon on 17.4.2009, she allowed the application Exh. 6 but restrained the defendants from creating any third party interest as well as alienating the suit property till the final decision of the suit without carrying out any amendment in the plaint and application (Exh. 6) in that respect. 4. On the face of the said position, the learned counsel appearing for the parties stated that the defendants have filed written statement in the suit and the said suit is fixed for framing of the issues in the said suit. Hence, in view of the said position, and to meet the 3 ends of justice, directions can be issued to learned 3rd Joint Civil Judge, Senior Division, Nanded to decide Special Civil Suit No.39/2009 expeditiously, as early as possible, after giving opportunity to respective parties to adduce the evidence therein and present Appeal from Order can be disposed of accordingly. 5. In the circumstances, leaned 3rd Joint Civil Judge, Senior Division, Nanded is directed to decide Special Civil Suit No.39/2009 as expeditiously as possible, within a period of six months from the date of receipt of writ from this Court, after giving opportunity to respective parties to adduce the evidence therein. The parties to cooperate to the Court to decide the said suit expeditiously. Simultaneously, it is clarified that the learned 3rd Joint Civil Judge, Senior Division, Nanded, while allowing application Exh. 6 on 17.4.2009, restrained the defendants from creating any third party interest as well as alienating the suit property till the final decision of the said suit and not beyond that and the said order shall remain in force till the decision of the said suit. 5. With the aforesaid directions, Appeal from Order stands disposed of accordingly. In view of the aforesaid order, Civil Application No.5093/2009 also stands disposed of. (S.P. DAVARE, J.)