MP 1 WP3147_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3147 OF 2011 Shri Avinash Vasant Gaikwad and another ... Petitioners Versus Shri Babu Damu Bagav and others ... Respondents Mr. Pratap Patil i/b. Mr. M. V. Thorat for Petitioner. Mr. Dilip Bodke for Respondents. CORAM : B.R. GAVAI, J. FRIDAY, MAY 06, 2011 P. C. : The petition challenges the interlocutory order dated 24th March 2011 thereby rejecting the application of the present petitioners for providing police protection. In a suit filed by the respondents, the petitioners have also filed a counter claim. It appears that in the said suit, the petitioners-defendant Nos. 3 and 4 filed an application for temporary injunction under Order 39, Rule 1 and 2. The said application was allowed by the order dated 28th February 2011 of the learned Joint Civil Judge, Junior Division, Madha. Being aggrieved thereby, the respondents-plaintiffs have preferred a Miscellaneous Civil Appeal. The same is pending. 2. Since, according to the petitioners, there was standing sugarcane crop and the plaintiffs were obstructing harvesting of the same, the application for private police protection came to be filed below exhibit-59. The same is rejected. Hence, the present petition. MP 2 WP3147_11 3. Admittedly, there is an injunction order in favour of the present petitioners. There is no interim order passed by the Appellate Court. 4. In that view of the matter, I find that the interests of justice would be met by passing the following order: (i) The application filed by the present petitioners for allowing police protection is allowed; (ii) The concerned police station shall provide the police protection to the petitioner on payment of necessary charges; (iii) The petitioner would supply the said sugarcane to Vitthalrao Shinde Sahakari Sakhar Karkhana Limited, Gangamainagar and Saswad Mali Sugar Factory Limited, Malinagar. However, it is made clear that the proceeds of the same would be deposited in the Trial Court and the disbursement of the same would be subject to the result of the Miscellaneous Civil Appeal filed by the respondents-plaintiffs. The said appeal is directed to be heard and disposed of within a period of three months from today. 5. Disposed of with the aforesaid directions. (B.R. GAVAI, J)