ca2312.11 -1- FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 2312 OF 2011 IN FIRST APPEAL (ST.) NO. 38613 OF 2010 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard Mr. Javed Deshmukh, learned counsel for the applicant and Mr. S.R. Choukidar, learned counsel for respondent Nos. 1 to 5. This is an application seeking order of injunction against the respondents original plaintiffs restraining them from obstructing the peaceful possession of the applicants original defendants over the suit property. I have perused the judgment passed by the trial Court. I find that the trial court on appreciation of the evidence led before it held that the defendants are not in possession of the disputed property, as such prayer made in the application cannot be granted. The applicants original defendants contends that original plaintiffs-respondents in the application are likely to create third party interest, as such they ca2312.11 -2- be restrained from creating third party interest during pendency of the litigation. Shri Choukidar, learned counsel appearing for the original plaintiffs respondents herein, states that the respondents original plaintiffs do not want to create any third party interest and he will file affidavit of the plaintiffs to that effect within a period of two weeks from today. In view of the above, respondent Nos. 1 to 5 shall file affidavit within a period of two weeks from today. In the result, there is no need to issue direction as prayed for by the applicants. Civil application stands rejected. (R.M. BORDE. J.) Date:04.08.2011. rlj/