1 cas92.08 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 92 OF 2008 IN SECOND APPEAL NO. 46 OF 2008 Shri Madhukar K. Khanolkar ....Applicant. Vs. Shri Sadanand Tukaram Pednekar & ors. ....Respondents. Mr. G.V.Limaye, Advocate for Applicant. Mr. A.G. Kundekar, Advocate for Respondents. CORAM:- GIRISH GODBOLE, J DATED:- SEPTEMBER 20, 2011 P.C. 1. By separate order passed today, Second Appeal is admitted. By another order passed today, Civil Application No. 1653 of 2009 was allowed and this Civil Application has been restored. The same is taken up for hearing forthwith. 2. Rule. Rule made returnable forthwith. Mr. Kundekar waives service of notice on behalf of Respondent Nos. 1 to 4. 3. I have heard the respective Advocates. This Civil Application prays 2 cas92.08 for an Order of injunction. The Suit filed by the Applicant has been dismissed and the Appeal filed in the District Court has been dismissed and the Second Appeal is admitted. Mr. Kundekar, Advocate for the Respondents states that the Respondents have absolutely no concern with the lands described at Sr. Nos. 1 and 2 of the plaint. He makes a statement that the Respondent Nos. 1 and 2 have never obstructed the possession of the Plaintiff in respect of the said lands nor will they obstruct the possession of the said lands till hearing and final disposal of the Appeal. Statement is accepted. In view of this no relief is required to be granted in respect of the land bearing new Survey Nos. 63/1 and 71/25 of village Talekarwadi Khanoli Taluka Vengurla District Sindhudurg. In so far as the 3rd land namely, Survey No. 65/1 is concerned, the Respondents are claiming rights only in respect of the portion admeasuring 8 gunthas and the 2 structures/houses/huts standing thereon bearing Gram Panchayat House No. 421 and 1045 of Village Talekarwadi, Khanoli Taluka Vengurla District Sindhudurg. The two Courts below have held that the said Respondents are in possession of the said houses and land appurtenant to the extent of 8 gunthas. Hence, in respect of the said 2 houses and land admeasuring about 8 gunthas from Survey No. 65/1, the Respondents being in possession as of today will have to maintain status quo and hence 3 cas92.08 they are restrained by an Order of injunction from creating any third party rights or interest of whatsoever nature or entering into any Agreement for Sale, mortgage or document of sale in respect of the said two houses and the land beneath to the extent of 8 gunthas till hearing and final disposal of the Second Appeal. Needless to state that they can continue to occupy and enjoy the possession of the the said portion and the Plaintiff will not try to disturb their possession only in respect of the said houses and a smaller portion of land admeasuring 8 gunthas including the land beneath the said houses. Civil Application is disposed off with the aforesaid directions with no order as to costs. 4. It is clarified that if there are any inter se disputes between the Plaintiffs and other persons claiming to be heirs of Late Tukaram Pednekar, this Order will not be construed as an order conferring any special rights on the Plaintiff. Such disputes will be decided on their own merits and in accordance with law. (GIRISH GODBOLE, J)