1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CONTEMPT PETITION NO: 112/2007 IN WRIT PETITION NO: 4080/2007 (Janata Sahakari Bank Ltd. vs. Anand Dayachand Jain and others) ---------------------------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions and Registrar's orders. .................................................................................................................................................................. Mr. N R Borkar, Advocate for the petitioner Mr. N.A. Vyawahare, Adv.for R-1 CORAM: B.R. GAVAI , J. DATED: 13st February, 2008. *** By way of present petition, the petitioner challenges the concurrent finding of fact arrived at by the learned 3rd Joint Civil Judge J.D. Gondia, on 27th March, 2006, thereby allowing the application filed by the plaintiff (below Eh.49) and restraining the defendants from entering, utilising, locking or participating possession of the suit house; and the order passed by the learned District Judge, Gondia dated 18th June 2007 thereby dismissing the appeal fled by the present petitioner. 2. Shri Borkar, learned counsel appearing on behalf of the petitioner submits that the Courts below have 2 grossly erred in granting an injunction and dismissing the appeal, in as much as the suit filed by the Respondent no. 1 /plaintiff itself was not tenable. It is submitted that the suit is not maintainable in as much as the suit was for simplicitor injunction without claiming any declaration. However it is to be seen that an order of injunction is clamped as against the petitioner. Almost for a period of two years, the same has not been interfered with. In this view of the matter, I do not find it appropriate to interfere in the merits of the matter. The petition is, therefore, disposed of with a direction to the learned trial Court to dispose of the suit as expeditiously as possible and, in any case, within a period of six months from today. It is needless to state that the learned trial Court shall not in any way be influenced by the observations made in the orders impugned herein, in as much as the said orders are passed upon considering prima facie material for the purpose of grant of injunction. JUDGE sahare