: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.412 OF 2008 WITH CIVIL APPLICATION NO.484 OF 2008 IN EXHIBIT 5 IN SPL.SUIT NO.545 OF 2007 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.Y.R. Dubey for the Appellant. Mr.D.D. Madon, Senior Counsel with Mr.H.V. Kode for Respondent No.1. Mr.P.M. Shah for Respondent No.4. CORAM : S.J. VAZIFDAR, J. DATED : 9TH JUNE, 2008. P.C. : 1. Admit and heard finally. 2. The injunction has been granted inter-alia against the Appellant. The Appellant however, was impleaded not in his personal capacity but as the executor of the estate of the sole proprietor of Defendant No.2. One of the grievances of : 2 : the Appellant is that the injunctions are ought not to operate against the properties of which he is the owner in his individual capacity. In other words, according to him, certain properties do not form part of the estate. It is agreed between the parties that the Appellant shall be entitled to make an application to the trial Court to modify and/or vacate the impugned order on the ground that the suit properties or some of them belonging to the Appellant in his personal/individual capacity and do not belong to the estate of the sole proprietor of Defendant No.2. All the contentions of the parties are kept open. 3. As the matter could have been decided at the time of passing the impugned order, the learned trial Judge is requested to dispose of the application, if made as expeditiously as possible. 4. The Appeal from Order is accordingly disposed of. : 3 : 5. The Civil Application is also disposed of.