-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.2598 OF 2008 PETITION NO.2598 OF 2008 PETITION NO.2598 OF 2008 Girdhar L. Bhoir ...Petitioner vs. Mrs.Draupadi Mhatre & Ors. ...Respondents Mr.A.H.Palkar for the Petitioner CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MAY 2, 2008. : MAY 2, 2008. : MAY 2, 2008. P.C.: P.C.: P.C.: 1. Heard Advocate for the Petitioner. 2. The Petitioner is the first defendant in a civil suit filed by the first Respondent herein. In the said civil suit, an application for temporary injunction at Exh.5 was filed by the first respondent in which a relief of temporary injunction was prayed for against the Petitioner. By order dated 1st December 2007, the said application at Exh.5 made by the first Respondent has been rejected. 3. Being aggrieved by the said order, the first Respondent preferred an Appeal under Order XLIII Rule 1(r) of the Code of Civil Procedure,1908 before the District Court. An application was made by the first Respondent in the said Appeal at Exh.5. Prayer in the said application reads thus : "4. Therefore, the appellant most respectfully prays that the -2- order passed by the Hon’ble Civil Judge (J.D.) Vasai at Vasai below application at Exh.5 dated 1/12/2007 in R.C.S.No.109/2006 be stayed and the respondent/defendant No.1 be restrained from alienating the suit property to any third person till final disposal of this appeal. The affidavit in support of this application is filed along with this application." 4. There was a pursis filed on 22nd July 2007 by the Advocate for the first Respondent giving up the prayer for temporary injunction made in the aforesaid application. By order dated 22nd January 2008 passed on the said Application, the learned District Judge has stayed the order dated 1st December 2007. It is this order dated 22nd January 2008 which is the subject matter of challenge in the present Writ Petition under Article 227 of Constitution of India. 5. The submission of the Advocate for the Petitioner is that there was no occasion for grant of stay in view of the nature of the order passed by the trial court as well as in view of the aforesaid pursis. 6. In my view, no case is made out for interference in this Petition under Article 227 of Constitution of India. Application for temporary injunction at Exh.5 filed by the first Respondent in the trial court has been rejected. The -3- effect of the order impugned dated 22nd January 2008 is that the said order rejecting the application at Exh.5 filed by the first Respondent has been stayed pending the final disposal of the Appeal. The order of stay is meaningless. Merely because the order below Exh.5 is stayed, there is no prohibitory injunction granted against the petitioner. The order of stay cannot be read as an order of injunction. Therefore, the order impugned dated 22nd January 2008 will not affect the petitioner in any manner. Subject to what is stated above, petition is rejected. JUDGE JUDGE JUDGE