1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3157 OF 2010. Ghanshyam Yadavrao Mendekar -: VERSUS :- Smt. Shubhangi Chandrakant Duble Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JULY 16, 2010. Heard Shri Masood Shareef, learned counsel for the petitioner / plaintiff. And Mrs. R.M. Choudhari, learned counsel for the respondent. Learned counsel for petitioner contends that petitioner has purchased plot no.70 and adjacent plot owner i.e. present respondent encroached upon it, therefore, suit has been filed for recovery of possession and as said respondent also attempted to construct on alleged portion, temporary injunction was sought. He argues that as petitioner had got necessary title documents, the Courts below at least ought to have preserved the property so as to answer the decree, which may be passed finally. 2 With the assistance of the learned Counsel for the parties, I have perused both the orders. The courts have found that the respondent also claims to be owner of adjacent plot and she has sanctioned plan according to which construction has been undertaken. Therefore, the courts have refused to stay the on going construction. It is apparent that the observations in interlocutory orders by both the Courts shall not influence the final adjudication in the Civil Suit. It is apparent that if, ultimately the suit is decreed, the respondent will be required to vacate the encroached portion and as respondent has notice of efforts made by the petitioner to stop her construction activity of construction or its completion, will not be a defence at that time. I, therefore, do not find any merit in the writ Petition, the same is dismissed. No costs. JUDGE Rgd.