1 904-wp-13008-2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 13008 OF 2024 Jijabai Motiram Tamaskar And Another VERSUS The Sub Registrar And Others ... Mr. G. T. Kharate, Advocate for the Petitioners Mr. K. B. Jadhavar, AGP for Respondent-State ….. CORAM : AJIT B. KADETHANKAR, J. DATED : 10TH SEPTEMBER, 2026 P.C. :- . The petitioners/plaintiffs have instituted a Regular Civil Suit No.130 of 2020 against the respondents for partition and separate possession. During the proceeding of the suit, an application under Order XXXIX Rule 1 and 2 read with Section 151 of the Civil Procedure Code, 1908 was filed seeking temporary injunction against defendant nos.1 to 9 thereby restraining them from alienating any portion of the suit property. The said application was allowed by the Trial Court. 2. Feeling aggrieved by the temporary injunction order, the defendants rushed to the First Appellate Court i.e. District Court vide Miscellaneous Civil Appeal No.07 of 2024. After hearing both the parties, vide judgment and order dated 2026:BHC-AUG:42154 2 904-wp-13008-2024 10.05.2024, learned First Appellate Court pleased to allow the appeal thereby setting aside the temporary injunction application. 3. Feeling aggrieved thereby, the plaintiffs are before this Court. 4. Considering that the suit is of the year 2020, and the petitioners have lost the protection in the month of May, 2024, keeping in view the object behind Order XXXIX Rule 1 and 2 of the Civil Procedure Code, I deem it appropriate to dispose of the Writ Petition with a request to the Trial Court to conclude the suit expeditiously. Hence, the following order: ORDER a. Writ Petition stands disposed of. b. Learned Judge of the Trial Court is requested to conclude the suit proceedings as expeditiously as possible and preferably within a period of eight months from today. c. Suffice to note, the observations recorded by the First Appellate Court are to the extent of the issue pending before the Appellate Court only. d. Needless to observe, the Trial Court shall decide the suit on its own merits and without being influenced by any order passed earlier. 3 904-wp-13008-2024 e. All issues kept open. f. It is clarified that any transaction in respect of the subject matter of the suit property would be subject to the outcome of the Civil Suit. g. Writ Petition stands disposed of. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026