1 30-578-07.sxw srj IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.584 OF 2010 IN SECOND APPEAL NO.578 OF 2007 Dnyaneshwar G. Mandhare .. Applicant V/s. Shamrao B. Yewale & Ors., .. Respondents. Mr. A.B. Avhad, for Applicant. Mr. N.P.Deshpande, for Respondent No.1 Ms. Indrayani M. Koparkar, for Respondent No.6. CORAM: B.R.GAVAI, J. DATE: 7th September, 2010. PC: 1 By way of present application, applicant has made alternate prayers. The first prayer is to vacate the injunction order passed on 4th February, 2010. The second prayer is for permitting the applicant to obtain loan of Rs.66,900/- and for allowing the charge over the suit property. 2 The application is vehemently opposed by the Advocate for the Respondent on the ground that the injunction has been granted after hearing the parties. 2 30-578-07.sxw 3 In so far as prayer clause (b) is concerned, I am not inclined to grant the said prayer. 4 Hence, Civil Application is rejected. 5 In so far as prayer clause (c) is concerned, it has been stated that the applicant needs to borrow the aforesaid amount, for the purpose of laying down the pipe lines. It is however, submitted that, taking the umbrella of the injunction order, the non-applicant is harassing the applicant. 6 The land in question is 9 hectars. As such, the value of the property would be much more than the amount which is to be borrowed by the applicant. In so far as apprehension of the non-applicant is concerned, same can be taken care by imposing certain conditions. Application is, therefore, allowed in terms of prayer clause (c) on the condition that the applicant shall file an undertaking to this court within the period of two weeks from today, to the effect that the applicant shall regularly pay the installments of the loan and that there shall not be single default in the payment of installments. (B.R.GAVAI,J.)