1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR C.A.F. NO.707/2010 in FIRST APPEAL NO.112/2010 ( Shakuntala Natthulalji Gupta .. V/s.. Bhagwan Shankarrao Borkar & others ) ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------- Shri A.S. Chandurkar, Adv. for applicant. Shri K.R. Lule, Adv. for non-applicant nos.1 and 2. CORAM:- SMT. VASANTI A. NAIK, J. DATED :- 30 th JUNE, 2010 Heard Shri A.S. Chandurkar, learned counsel for the applicant and Shri Lule, learned counsel for the non-applicant nos.1 and 2. The learned counsel for the non-applicant nos.1 and 2 strongly opposes the prayer made in the application and states that the Trial Court has recorded the findings in favour of the non-applicants and the applicant has no concern with the three acres of land which is purchased by the non-applicant no.1 and his wife. Since the first appeal is already admitted, the submissions made on behalf of non-applicants which pertain to the merits of the matter cannot be considered 2 for deciding this civil application. It is also necessary to note that such an injunction was operating in favour of the applicant in the Trial Court since the year 2002. Hence, for the reasons, aforementioned, non-applicant no.1 is restrained from selling any plot from the layout of six acres prepared by non-applicant no.1, during the pendency of the first appeal. Civil application is allowed in the aforesaid terms and disposed of. JUDGE Tambaskar.