1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10278 OF 2009 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Prakash D. Gharge for the Petitioner. Shri Rahul J. Kate for the Respondent. -- CORAM : A.S.OKA, J. DATE : 24th February, 2010. P.C.: . Heard the learned counsel appearing for the Petitioner. The Petitioner is the original Plaintiff and the Respondent is the original Defendant. An application for temporary injunction made by the Petitioner was allowed by the Trial Court. The Appellate Court has set aside the order of injunction. 2. The Appellate Court has referred to the consent decree passed in Regular Civil Suit No.12 of 2006. The Appellate Court observed that by the consent terms, the Petitioner accepted the possession of the Respondent. 3. The learned counsel appearing for the Petitioner submitted that in the consent pursis filed in the said suit, a sentence was fraudulently incorporated and, therefore, 2 an application dated 14th October, 2008 has been filed in the said disposed of suit. He, therefore, submitted that the Appellate Court ought not to have interfered with the order of temporary injunction. 4. I have considered the submissions. As of today, the consent decree passed in Regular Civil Suit No.12 of 2006 stands. The said decree shows that the Petitioner has accepted the possession of the Respondent. So long as the decree is not set aside or modified, the Petitioner will not be entitled to a discretionary relief of temporary injunction. Hence, no case for interference is made out. If the decree passed in Regular Civil Suit No.12 of 2006 is either modified or set aside, the Petitioner can always invoke the provisions of Rule 4 of Order XXXIX of the Code of Civil Procedure, 1908. 5. The construction which may be carried out by the Respondent will be subject to the final outcome of the suit. Subject to what is observed above, no case for interference is made out. (A.S.OKA, J) ash