1 wp-8826-11.sxw mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8826 OF 2011 Shri Bhaskar Bhika Avhad & Ors. .. Petitioners Versus Smt. Shalini Leeladhar Patil through Shri Girish Krishnarao Dhongade .. Respondents Mr.Sachin Gite for the Petitioners. Mr. Prashant D Patil for the Respondent No.1. CORAM : R. M. SAVANT, J. DATED : 21st December, 2011 P.C. 1 There is concurrent finding against the Petitioners in respect of their entitlement for the discretionary relief of temporary injunction given by both the Courts below i.e. the trial Court by its Order dated 24/11/2010 passed by the learned Joint Civil Judge, Junior Divison Nashik and the Appellate Court by its Order dated 28-6-2011 passed by learned District Judge-4 Nashik. Both the Courts below have accordingly rejected the prayer for the grant of interim injunction. 2 However, the Respondents herein, in their reply to the said application Exhibit 5 for temporary injunction filed by the Petitioners in paragraph 7 of the said reply, have stated that the Respondents are 2 wp-8826-11.sxw putting up compound wall by removing the wire fencing between the property of the Petitioners and the Respondents which has been erected on the basis of the measurements by the TILR and is being replaced by the compound wall. The Respondents, therefore, would abide by the said statement made in the said paragraph No.7 of their reply Exhibit 15 dated 1-4-2010. The Learned Counsel for the Respondents Mr. Patil assures the Court that the Respondents would put the compound wall in the same place where the wire fencing is existing. By accepting the said Statement of Mr. Patil the above Writ Petition is disposed of. ( R. M. SAVANT, J. )