1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1761 OF 2008 WRIT PETITION NO. 1761 OF 2008 WRIT PETITION NO. 1761 OF 2008 Yadavrao Anna Ghadge ... Petitioner Versus Kantilal Ganpat Ghadge & Ors. ... Respondents Mr. P.R.Arjunwadkar, Advocate, for the petitioner. Mr. Atul Ketkar, Advocate, i/b. Mr. Dilip Bodke, Advocate for respondent No.1. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. DATE: 5th December,2008. DATE: 5th December,2008. DATE: 5th December,2008. P.C. P.C. P.C. 1. The respondent No.1 filed Regular Civil Suit No.272 of 2006 in the Court of Civil Judge, Junior Division, Vaduj, seeking perpetual injunction restraining the defendant No.1/petitioner from causing interference in his possession over the suit property which he claims to have purchased from defendant No.2 - Namdeorao. He 2 also filed an application Exhibit 5 seeking temporary injunction against the defendant No.1. The temporary injunction was granted. Misc. Civil Appeal No.20/2007 filed by the defendant No.1/petitioner also came to be dismissed. It appears that the present petitioner had filed Regular Civil Suit No.67/1968 against the respondent No.2 - Namdeorao and others claiming possession of the suit property. That suit was dismissed. However, after dismissal, he had preferred Regular Civil Appeal No.50 of 2005 and that appeal is pending. Both the Courts below came to conclusion that the present petitioner was not in possession on the date of filing the suit by the respondent No.1 and, therefore, temporary injunction has been granted. No fault can be found in the finding of the Courts below. However, as Regular Civil Appeal No.50 of 2005 filed by the present petitioner against dismissal of his suit for possession of the property is still pending, it goes without saying that the plaintiff/respondent NO.2 will be bound by the result of that appeal. No more direction is required in the present petition. 2. Therefore, the petition stands dismissed with the aforesaid observations. 3 (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)