BHALCHANDRA GOPAL NAIK Vs. SITABAI RAGHUVIR SAWANT

JUDGEMENT

(1.) HEARD the learned Counsel for both the parties. Perused the record.

(2.) THE unsuccessful defendants have preferred this appeal against the order dated 26/10/2004, issuing temporary injunction against the defendants, restraining defendants no. 3 and 4 from constructing the ground floor concrete terrace building, belonging to the plaintiffs. It was further directed that defendant no. 3 should deposit the rental amount of Rs. 1,500/ per month.

(3.) AFTER hearing both the parties for sometime, it was apparent that the process of recording of evidence in the trial has already begun and the evidence of two witnesses is recorded. Under the circumstances, in my considered view, no purpose would be served by adjudicating the interim proceedings, one way or the other and it would be in the interest of both the parties to proceed with the suit itself, which should adjudicate all the issues involved finally on merits.