1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No.4936 of 2005 In Second Appeal No.773 of 2005 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Heard Advocate Shri P.V. Mandlik, Senior Counsel, for the applicant. 2. This is an application for injunction pending the second appeal. Original suit was for injunction which was dismissed by III Joint Civil Judge, Junior Division, Aurangbad, on 20.10.2000. Thereafter, Regular Civil Appeal No. 419 of 2000 was also dismissed by II Additional District Judge, Aurangabad, vide judgment and order dated 12.10.2004. Both the courts have held that the appellant has failed to prove his title and even 2 possession over the suit property. There are concurrent findings recorded. 3. Under the circumstances, unless the parties are heard finally on merits, it is not possible to grant injunction which would be final relief which was already refused by trial court as well as by first appellate court. Therefore, application cannot be granted at this stage and disposed of as such. Date:03/07/2009 (P.R.BORKAR, J.) pnd/ca4936.05