1 AO 126/2010 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD APPEAL FROM ORDER NO.126/2010 WITH CA NO.12852/2010. (Smt. Rani Santosh Sainchar and Anr. Vs. Sanjay Ratangopal Sainchar and Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.KM Babhulgaonkar, Adv. h/for Mr. PG Rodge, Adv. for appellants; Mrs.Manjusha A Deshpande, Adv. for Resp.No.8. *** CORAM : K.U.CHANDIWAL ,J. DATE : 14 th DECEMBER, 2010. ... 1) Heard. 2) In spite of service, respondents are absent. 3) Refusal of injunction, below Exhibit-5 by learned 3rd Jt.Civil Judge, Senior Division, Aurangabad dated 22.7.2010, is questioned. 4) I quite see the clamp of injunction against Respondent nos. 7 and 8 could not be entertained and rightly has been negated b the learned Judge. The controversy now revolves to disposal of the property by Respondent Nos. 1 to 3 in favour of Respondent Nos.4,5 and 6. The respondents did not file even reply/response to application below Exh. 5 before the learned Civil Judge, Senior 2 AO 126/2010 Division, Aurangabad. 5) In the above situation, the respondents 1 to 6 shall not create third party interest in relation to the disputed property, subject of Special Civil Suit No. 322/2009. The order under challenge is modified to the extent as above. 6) Appeal From Order with CA disposed of accordingly. No costs. (K.U.CHANDIWAL) JUDGE bdv/