1 AO NO.174/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 21 APEAL FROM ORDER NO. 174 OF 2011 ,With CA/12258/2011 ,In AO/174/2011 AFSAR OSMAN PATWARI VERSUS BANDU PACHU PATWARI AND ORS ... Advocate for Petitioners : Ms.Kalpana Navle, Adv., h/f Mr.Kulkarni Prashant P . Advocate for respondent nos. 1 to 6: Mr.Kadam Annasaheb S. ... CORAM : K.U. CHANDIWAL, J. Dated: December 12, 2011 ... PER COURT :- 1. Heard. The plaintiff/appellant moved the learned District Judge in terms of an application under Order 39 Rule 2-A of C.P.C. alleging that there was breach of terms of injunction. 2. Basic facts, which are essential, are to be noted. This Court, by order dated 1st July, 2011, in Writ Petition No.3960/2008, directed the learned Judge to dispose of RCS No.250/2006 as expeditiously as possible, preferably within a period of six months. An impression is generated and indicated from record that the plaintiff is protracting the matter for obvious reasons. The exercise of application under 2 AO NO.174/2011 Order 39 Rule 2-A C.P.C. stems from such arrangement. 3. Order below Exh.87, elaborately discussed the events the evidence, including the documents. It cannot be said as not proved that inspite of injunction the respondent has broken the common boundary or obstructed to plaintiffs possession. Rejection is proper. Ad interim relief granted by this Court on 14th Oct.,2011, is vacated. Appeal From order is dismissed with costs. Civil Application also dismissed. ( K.U. CHANDIWAL, J. ) ...