1 wp10277.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 10277 OF 2010 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. A.P. Bhandari, Advocate for the petitioners. Mr. M.A. Khan, Advocate for respondent nos.1 and 2. Mr. D.L. Khivesara, advocate for respondent no.3. 1. In a suit simplicitor for injunction, the petitioner- plaintiff claiming to be a son of defendant no.3 sought temporary injunction to restrain his step brothers (defendant nos.1 and 2) from creating third party interest. Trial Court granted that relief and appellate court reversed it after holding that there was no prayer either for declaration that purchase of suit property by defendant no.3-father in the name of defendant nos.1 and 2 was benami or then for partition and separate possession. 2. Advocate Mr. Bhandari for petitioners-plaintiffs pointed out that other litigation between the parties is already going on and nature of property can be 2 wp10277.10 ascertained therein. In the present matter, after Petition was filed before this Court, interim orders are granted and thereafter the trial Court has recorded the evidence of plaintiff and now the matter is for recording of evidence of respondent nos.1 and 2(defendant nos.1 and 2). He further states that the defendant no.3-father has accepted the property to be joint family property. 3. Advocate Mr. Khan for respondent nos.1 and 2 has opposed the Petition. However, during arguments, he stated that the respondent nos.1 and 2 have not decided and are not intending to dispose of the suit property in any way. Advocate Mr. Khivesara for respondent no.3 is supporting the petitioners. 4. As the suit is for simplicitor for injunction and near in completion, I am not inclined to examine the controversy on merits at this stage. Learned Counsel for respondent nos.1 and 2 has stated that the respondent nos.1 and 2 have no intention to create any third party interest and that statement sufficiently protect the petitioners. Hence, the proceedings in Regular Civil Suit No. 53 of 2009 on the file of Civil Judge, Junior Division, Aurangabad are expedited and the said Court shall attempt to decide the Suit as early as possible and in any case within a period of three months from the date of communication of this order to it. With this directions and 3 wp10277.10 observations, the present Petition is disposed of. No costs. (B.P. DHARMADHIKARI) JUDGE. 18.02.2011 gas/wp10277.10