IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1389 OF 2005 APPLICATION NO.1389 OF 2005 APPLICATION NO.1389 OF 2005 IN IN IN SECOND SECOND SECOND APPEAL NO. 435 OF APPEAL NO. 435 OF APPEAL NO. 435 OF 2005 2005 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.T.D.Deshmukh for the appellant. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 4th July, 2007 : 4th July, 2007 : 4th July, 2007 P.C. P.C. P.C. 1. Considering the substantial questions of law as raised and in view of the averments made and as the appellants is in possession of the property in question, a case is made out by the appellant for relief as prayed in terms of prayer clause (b). ( 2 ) 2. Prayer clause (b) reads thus:- . "pending the hearing and final disposal of the present Second Appeal, the Opponents herein may kindly be restrained by an order of injunction from disturbing the peaceful possession of the Applicant over the suit property bearing Survey No. 110/20 aemdasuring 20R situated at Wada (Burudwadi), Taluka: Khed, Dist. Pune, more specifically described in para 1 of the plaint in Regular Civil Suit No. 135 of 1994l;" 2. The Civil Application is allowed in terms of prayer clause (b) and is, accordingly, disposed off. [ANOOP [ANOOP [ANOOP V.MOHTA, J.] V.MOHTA, J.] V.MOHTA, J.]