1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1429 OF 2010 Uttam s/o Nivrutti Sarvade .. PETITIONER VERSUS Vishwas s/o Uttam Sarvade .. RESPONDENT Mr. Mr. Narwadkar with Mr. Murar Deshpande, Advocates for the petitioner. Mrs. Netrali A. Jain, advocate for the respondent. CORAM : R.M. BORDE, J. DATE : 23 rd AUGUST, 2010. PER COURT : 1 This petition is directed against the order passed by the Ad-hoc District Judge - 2, Latur in Misc. Civil Appeal no. 42/2009 whereby the appellate court while allowing the appeal was pleased to quash and set aside the order in respect of grant of temporary injunction in favour of the defendant. Appellate court was justified in quashing the order passed by the trial court for the reason that such restrain order is not permissible in view of provisions of Order XXXIX Rule 1(a) of the Code of Civil Procedure. It is only under the circumstances noted in sub rule 1(a) of Order XXXIX of the Code of Civil Procedure, the defendant can tender an application seeking restrain order. 2 However, in respect of claims covered by clauses (b) and (c) of Rule 1 of Order XXXIX, such an application by the defendant is not permissible. Order passed by the appellate court is reasonable and proper and is in consonance with the provisions of the Code of Civil Procedure. No interference is called for in the petition in exercise of extra ordinary jurisdiction under Article 227 of the Constitution of India. Petition therefore stands rejected. 2 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb/wp1429.10.odt