1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3723 OF 2008 Jagdish Krishnarao Admane Vs. Madhukar Baliramji Khanorkar & Ors. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri K. M. Kuthe Adv. for petitioner. Shri Rohit Joshi Adv. for respondent. CORAM: C. L. PANGARKAR J. Dated: 28 th APRIL, 2009. This Writ Petition is preferred against the order passed by the Additional District Judge in an appeal under Order 43 Rule 1 of Civil Procedure Code. The petitioner has filed a suit for partition and separate possession. In the said suit petitioner filed an application for injunction and prayed that the defendant be 2 restrained from negotiating with regard to sale of the suit property. Learned Judge of the trial Court after hearing the parties rejected the application. Appeal preferred thereon has also been rejected. There are concurrent findings that the plaintiff is not entitled to an order of injunction. It is not shown to me as to why these findings recorded by the Court are perverse. The prayer made by the plaintiff itself cannot be comprehended inasmuch as plaintiff has only said that there cannot be negotiations with the suit property. Prayer itself to my mind is unintelligible. Further learned counsel for the petitioner submits that what the petitioner wants is that respondent should not create any third party interest in the property. The suit has already been instituted, who so ever purchases the property would purchase it subject to decision of the suit. There is no reason to grant such injunction. There is no substance in the petition, the same is dismissed. JUDGE svk 3 4 5 6