1 13.cas756.08 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 756 OF 2008 IN SECOND APPEAL NO. 987 OF 2006 Dnyanu Daji Jadhav since deceased through Lrs. Bhupal D. Jadhav & ors. ....Applicants. Vs. Vitthal Daji Jadhav since deceased through Lrs. Balaso Vitthal Jadhav & ors. ....Respondents Mr. Vijay Patil, Advocate for Applicants. Mr. B.A. Walimbe, Advocate for Respondents 1A to 1E. CORAM:- GIRISH GODBOLE, J DATED:- OCTOBER 3, 2011 P.C. 1. Heard Mr. Vijay Patil, Advocate for Applicants and Mr. Walimbe, Advocate for Respondent Nos. 1A to 1E. 2. This Civil Application seeks injunction in respect of the suit property ‘D’. The Trial Court had decreed the Suit of the Appellant but the Appeal has been allowed and the Suit has been dismissed. In Civil Application No. 1845 of 2006 Ad-interim injunction was granted only in respect of property ‘E’ and no injunction was granted in respect of suit 2 13.cas756.08 property ‘D’. By subsequent order dated 28/9/2007 the earlier Ad-interim order was confirmed and consequently the Respondents are restrained from obstructing the possession of the Applicants over the Suit property ‘E’. No injunction was granted in respect of the Suit property ‘D’. 3. Mr. Patil states that on account of subsequent construction on suit property ‘D’, this Civil Application is filed. However, the fact remains that no injunction is operating in respect of the suit property ‘D’ from the date of the present Civil Application and passing of ad-interim order dated 8/4/2008. 4. Mr. Walimbe, Advocate for Respondents opposes this Application and states that any construction which may be carried on by the Respondents will be entirely at their own risk and costs and that the Respondents will not be entitled to claim any equity at the time of final hearing of the Appeal and if the Court so directs at the time of final hearing they will remove the construction at their own costs. Statement accepted. Hence Civil Application is disposed off by recording afore said statement. (GIRISH GODBOLE, J)