dgm gm gm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.7429 OF 2008 PETITION NO.7429 OF 2008 PETITION NO.7429 OF 2008 Shri Maruti K. Darekar Petitioner Vs. Shri Tanaji K. Darekar & ors. Respondents Mr.R.A.Thorat for the Petitioner. Mr.A.P.Kulkarni for the Respondent no.1. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 14th November, 2008. : 14th November, 2008. : 14th November, 2008. P.C. P.C. P.C. The petitioner has challenged the concurrent finding of facts with regard to the injunction application as filed by the petitioner in a Suit which is pending. 2. The basic prayer in the application was to restrain the defendants from cutting the teakwood trees standing on Gat No.352 of village: Mouje Malegaon, Taluka & District Satara. 3. The lower Appellate Court confirmed the rejection application. As observed there is no prima facie case; balance of convenience is not in favour of plaintiff and he will not suffer irreparable loss if injunction is not granted. ( 2 ) 4. Admittedly, during this period, the defendants have already cut 550 trees and only 27 trees are remaining. There is dispute about adjustment of the amount already paid. These averments are made in the affidavit dated 14.11.2008. 5. As the Suit is pending, therefore, at this sage, I am not inclined to grant any order to interfere with the findings so arrived at by both the courts below refusing to grant the interim relief as prayed. Apart from that in view of above, no relief of injunction can be granted as prayed. However, the respondents, in pursuance to the alleged partition and as there is no dispute about alleged partition, need to maintain account so that in a given case, appropriate share, subject to adjustment, if any, can be directed to be paid to the petitioner/plaintiff. The learned counsel for the defendants makes statement, on instructions of respondent no.1, who is present in court, that they will maintain the account accordingly and they will make the payment subject to outcome of the suit. 6. In view of this, the present petition is disposed of. ( 3 ) ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.)