1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.6777/2009 SECOND APPEAL NO.578/2003 ---------------------------------------------------- Namdeo Magar died L,Rs. 1) Pandit Magar & Ors .. APPLICANTS VERSUS Sheshrao Baburao Yekhande .. RESPONDENT .... Shri A.B.Deshpande,Adv.for appellants Shri S.S.Nirkhee,Adv.for Respondent. ... CORAM : R.K.DESHPANDE,J. DATE :28/07/2009 ORAL ORDER : 1. This is a composite application claiming the relief of appointment of receiver and to hand over the possession of the suit property to the receiver. The second relief claimed is for an injunction restraining the receiver not to alienate the disputed property pending disposal of the Second Appeal. In my opinion, this composite application is not 2 maintainable. The considerations and grounds for both the reliefs are totally different. The applicant was therefore given a choice. The learned counsel for the applicant states that he would like to press this application only for the purpose of relief of injunction. Hence application claiming the relief in terms of prayer Clause “B” to that extent is not pressed. 2. So far as the relief of injunction is concerned, as is claimed in the prayer clause “C” in this application, the learned counsel appearing for the respondent has filed affidavit dated 20/7/2009 making the statement in para no.4 as under : “4. The contents of Para No.4 are also denied in toto. The averments made therein are imaginary. The respondent has not made any agreement with anybody to transfer the suit land by inter visas i.e. by way of sale, mortgage or lease. When he is not going to alienate the suit land, question of clamping injunction does not arise, and it cannot be granted in favour of the applicants merely because of unfounded allegations made therein. Hence, the application is liable to be rejected with costs.” 3 3. The statement is accepted as an undertaking to this Court. In view of this, the claim of the applicant for granting injunction does not at all survive. The application, thus, stands disposed off as above. [R.K.DESHPANDE] JUDGE umg/ca6777-09