1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 291 of 2008 Mahesh Devgonda Patil .. Applicant versus Dhulgonda Pirgonda Patil .. Respondent ... Mr.N.J. Patil for the petitioner. Mr.Surel S. Shah for the respondent. CORAM : A.M.KHANWILKAR, J DATED : 14th July 2008 P.C.: 1. The grievance of counsel for the petitioner is that by order of injunction issued by the lower court which has been upheld by the appellate court, the petitioner apprehends that he may not be able to carry on with the construction on the remaining property. This court cannot find solution to misplaced apprehension of the petitioner, except to invite attention to the operative order passed by the 2 trial court which reads thus:- 1. Application is allowed. 2. The defendant nos.2 and 3 are hereby restrained from demolishing the house in which plaintiff is residing and causing obstruction to his possession either by themselves or by anybody acting for them, till decision of suit. 3. Costs of application in main cause. 2. The injunction order issued against defendant nos.2 and 3 is limited to restraining them from demolishing the house in which the plaintiff is residing and causing obstruction to the possession of the plaintiff either by themselves or through the persons claiming through them till the decision of the suit. I am conscious of the fact that the aforesaid injunction order has been slightly modified by the appellate court as can be noted from the operative order at page 59. Even on close reading of the order of the appellate court there is nothing in the order which injuncts the petitioner from dealing with 3 remaining property except Gram Panchayat House no.881 which is occupied by the plaintiff. In the circumstances, the apprehension of the petitioner is misplaced. More so when the petitioner has already assured before the court below and reiterated through counsel before this court that the petitioner shall not interfere with the possession of the plaintiff in respect of the suit house no.881. Petition is disposed of accordingly. (A.M.KHANWILKAR, J)