Lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLAATE JURISDICTION CIVIL APPLICATION NO.1359 OF 2008 IN SECOND APPEAL NO.87 OF 2006 Yadnyavalki Bhika Pardeshi : Applicant. Versus] Ratan Sakharam Mohite & ors. : Respondents. Mr. A A Garge for the Applicant. Mr. Sagar Kasar for the Respondents. CORAM : C L PANGARKAR, J DATED : 13th JANUARY 2010 P.C. 1. Heard the learned counsel for the Applicant and the learned counsel for the Respondents. 2. This Application has been filed by the Appellant/Plaintiff for an injunction restraining the Respondents/Defendants from using the suit way. The Plaintiff had instituted a suit for injunction with a prayer to restrain the Defendants from using the suit way. The suit came to be dismissed. Appeal preferred against the dismissal of suit also came to be dismissed. 2. The learned counsel for the Appellant/Plaintiff submits that the present Appeal has been admitted by this Court and injunction should follow against the Respondents/Defendants. This submission is not correct. During pendency of the suit, temporary injunction application of the Appellant/Plaintiff was rejected. Therefore, there was no temporary injunction against the Respondents/Defendants any time during pendency of the suit or the first appeal. In view of this, there is no reason to grant temporary injunction at this stage. The Civil Application is accordingly rejected. [C.L.PANGARKAR,J]