1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.9355 OF 2005 SECOND APPEAL NO.1449 OF 2005 Baburao Nivrutti Mahakunde, deceased, through L.Rs. Applicants Versus Ambadas s/o Dagdu Pawar & another Respondents Mr.Dhananjay Deshpande, advocate for the applicants. None for Respondents. CORAM: R.M.BORDE, J. DATE : 11th September, 2009. P.C.: Heard Shri Dhananjay Deshpande, learned Counsel for applicants. None appears for Respondents though served. It is stated in para 8 of the application that during pendency of suit as well as appeal, order of injunction was operating against defendants. The appeal raising challenge to the concurrent judgments is admitted and is pending for final disposal. Considering the fact that during pendency of suit as well as appeal, original plaintiff was protected by virtue of an order of injunction, application needs to be allowed. Civil Application is allowed in terms of prayer clause (B). (R.M.BORDE) JUDGE ******* adb/ca935505a