1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8201 OF 2009 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. G.R.Ingole Patil, Advocate for petitioner. ........................... [ CORAM : B.R.GAVAI, J. ] DATE : 04/12/2009. PER COURT : 1. By way of present Writ Petition, the petitioner challenges the order passed by the learned District Judge – 2, Parbhani dated 21/11/2009, vide which the Appeal filed by respondent no. 2 challenging the order passed by the Civil Judge (S.D.), Parbhani dated 8/10/2009 was allowed. 2. The petitioner has filed a Suit for perpetual injunction against the respondents for restraining him from constructing window towards the house of the petitioner. Along with the Suit, an application for temporary injunction 2 was also filed. The same was allowed by an order dated 8/10/2009. Being aggrieved thereby, the respondent – defendant went in Appeal. The Appeal is allowed and order of injunction is set aside. Being aggrieved thereby, the present Writ Petition. 3. Mr. G.R.Ingole Patil, the learned counsel for petitioner submits that the learned appellate court has erred in allowing the appeal and setting aside the order of the learned trial court. 4. The learned counsel for the respondent, on the contrary, submits that the learned appellate court has rightly set aside the order of the learned trial court by observing that no prima facie case was made out by the plaintiff. He further submits that the order passed by the learned Appellate court is passed on the basis of the report of the Commissioner, which was prepared in the presence of the learned counsel for parties. 5. Since present petition arises out of an interlocutory order, I am not inclined to interfere with the impugned order. 3 6. In any way, the respondent – defendant has filed an undertaking before this Court stating therein that he will construct the house strictly as per the permission accorded by the Municipal Corporation and in accordance with the rules and regulations. He has further undertaken that the construction will be the subject matter of the Civil Suit No. 194 of 2009 and that he shall not claim any equities about the construction carried out by him. The undertaking is taken on record and marked as ‘ X ’ for verification. 7. In that view of the matter, interest of the parties is amply protected. The Writ Petition is, therefore, disposed of with the aforesaid observations. [ B.R.GAVAI ] JUDGE knp/WP8201.09