1 WP 6079.2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6079 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.M.M.Patil (Beedkar), Advocate for the Petitioner. Mr.P.N.Sonpethkar, Advocate for the Respondent. ............................ CORAM : S.V. GANGAPURWALA, J. DATE : 10/08/2011 PER COURT : 1. The present respondent is the original plaintiff, who had filed a Suit for perpetual injunction. Along with the Suit, the respondent had also filed an application for temporary injunction, which came to be allowed. Aggrieved thereby, the defendant preferred Appeal before the District Court. The District Court dismissed the Appeal. The defendant has assailed the said Judgment in the present Writ Petition. 2. This Court on 21/7/2010 had issued notice to the respondent and directed the respondent not to create any third party interest in the suit property. 2 WP 6079.2010 3. The learned counsel for the parties submit that during the pendency of the present Writ petition, subsequent developments have taken place, wherein the present respondent has filed an application for restoration of possession on the ground that in spite of the order of injunction in force, he was dispossessed. The said proceedings are pending adjudication with the trial Court. Though initially, the application filed by the present respondent was rejected and the same was assailed in Writ Petition No. 3928 of 2011, this Court vide order dated 6/7/2011 had disposed of the Writ Petition granting liberty to the present respondent to file such application as is permissible. 4. Mr. Sonpethkar, the learned counsel for the respondent submits that thereafter the present respondent has filed appropriate application and the same is pending adjudication. 5. As such, it would be clear that today the present respondent is not in possession of the property and has filed an application for restoration of possession. 6. In view of the aforesaid facts, I need not decide the present Writ Petition on merits. I 3 WP 6079.2010 dispose of the Writ Petition in terms of the interim order passed on 21/7/2010 by this Court. 7. The Writ Petition is accordingly disposed of. No costs. [ S.V. GANGAPURWALA,J. ] KNP/WP 6079.2010