IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 5303/2008 (Pankaj Nandkumar Labhshetwar vs. Sau. Radha Nandkumar Labhsetwar and others) ...................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ...................................................................................................................................................................... Mr. V.D.Darne, counsel for petitioner Mrs. P.A.Joshi, counsel for Respondent Bank Mr. P.M.Pande, counsel for Respdt nos. 5 & 6 ... CORAM : R. K.DESHPANDE, J. DATED : 27th SEPTEMBER, 2010. This writ petition challenges the order passed by the trial Court on 27th February, 2008, rejecting application Exh.5 filed by the plaintiff for grant of temporary injunction in R.C.S. No. 74/2005. It further challenges the order dated 30th September, 2008, passed by the Appellate Court, rejecting the appeal filed by the plaintiff challenging the order of the trial Court. Hence, the present writ petition by the petitioner. The undisputed factual position is that, the property in question was mortgaged with the respondent Bank. The D.R.T has rejected the application for condonation of delay. The trial court as well as the appellate Court has recorded the concurrent findings of fact that the property was mortgaged and it is not the suit challenging the authority of the respondent to mortgage the property with the Bank. The finding is recorded on the prima facie assessment of the material on record and the same, therefore, cannot be interfered. The writ petition is, therefore, dismissed. JUDGE Rvjalit