1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.5838 OF 2010 IN SECOND APPEAL NO.280 OF 2010 _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 23.11.2010. 1. The present applicants have preferred this application for injunction restraining the Respondent from obstructing the peaceful possession of the applicants in the suit property. The present applicants who are the original plaintiffs had filed a suit for declaration and injunction. The said suit came to be dismissed. The applicant preferred an appeal. The appellate Court also dismissed the appeal confirming the judgment and decree passed by the trial Court. 2. The present Respondent had also filed other suit for injunction which came to be decreed. The present applicants had filed appeal against the same which also is dismissed. Against the said judgment and decree also the present applicants have preferred the Second Appeal. 3. It is submitted by Mr.Latange, learned counsel for the Respondent that the suit filed by the present non-applicant came to be decreed and the order of injunction restraining the present applicants from interfering in his possession was in force during the pendency of the appeal before the District Court. In the suit of the plaintiff also there was no order of injunction operating even during pendency of the appeal. Both the Courts have dismissed the suit of the plaintiff and decreed the suit filed by the present non- applicant. The Second Appeal is admitted on the substantial question of law. However, the judgment and decree is in favour of the present non-applicant. As such it would not be appropriate to dilate on the merits of the matter and to pass any interlocutory order which was not in force either during the pendency of the suit or during the pendency of the appeal. 4. In light of the above, the Civil Application is disposed of with no order as to costs. (S.V.GANGAPURWALA,J.) Dt.23.11.2010. asp/office/Ca5838.10