{1} ca27111.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.271 OF 2011 IN FIRST APPEAL NO.1803 OF 2010 Sonaji s/o Raghunath Mane Applicant Versus Vishwanath s/o Ramchandra Chavan Respondent Mr.M.M.Joshi, advocate for the applicant. Mr.A.D.Kasliwal, advocate for respondent CORAM : R.M.BORDE, J. DATE : 17 th June, 2011 PER COURT: 1 The only grievance made, in this application, by the applicant is that while passing interim order, he was not heard. 2 This Court has clamped restrained order against applicant & another-original defendants restraining them from alienating the property during pendency of appeal. The appeal is admitted and as such, it is desirable that status quo in respect of property shall remain operative till disposal of the appeal. The applicant has also invited my attention to the observations made in the judgment to the effect that the agreement in question entered into with the plaintiff has been cancelled and consideration amount of Rs.3,50,000/- has been repaid by cheque, which has been encashed by the plaintiff. These aspects can be considered at an appropriate stage. The applicant has not made out any case in respect of prejudice being caused on account of clamping restraint against him. {2} ca27111.odt 3 As stated above, the only grievance made is in respect of passing of the order without affording opportunity of hearing. At this stage, I do not deem it appropriate to cause interference in the order passed earlier. However, it would be open for the applicant to approach this Court at an appropriate stage with appropriate prayer for securing appropriate orders. Civil Application, however, does not deserve any consideration. Civil Application stands rejected. R.M.BORDE adb/ca27111 JUDGE