(1) LEAVE granted. (2) HAVING heard learned Counsel for the parties finally in these appeals in our view, the appropriate order which could be passed is to direct the trial court to make it convenient to decide the civil suit No. 86 of 1999 between Akshay Kumar and Rakesh Kumar as expeditiously as pos- sible and preferably within period of six months from the receipt of a copy of this order. Registrar of this Court shall send a copy of this order to the trial court for information and necessary action. In the meantime, whatever construction is put up by the petitioner herein - Rakesh Kumar shall be subject to the following conditions : 1. Whatever construction is put up by the petitioner pending, the suit will be at his risk and cost and will abide by the result of the suit and the petitioner will not claim any equity on that ground alone. 2. He will not let out the constructed por- tion to anyone else awaiting the deci- sion of the suit. 3. The petitioner also shall not utilise the portion constructed for running any shop or carry out any commercial activities therein till the suit is finally decided by the trial court. (3) THE impugned order of the High Court is substituted by the order aforesaid. We make it clear that the trial court will de- cide the suit strictly on merits not being inhibited by any of the observations made by us or by the High Court or lower ap- pellate court. The Appeals are disposed of accordingly. No costs.