1 WP No.6195/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.6195 of 2010 Rajiv R. Kore ... Petitioner versus Shahanavaz Mohammadali Magdum and ors. ... Respondents ... Mr. Sandesh D. Patil for the petitioner. CORAM : D.G. KARNIK, J. DATED : 10th August 2010 P.C. 1. By this petition, petitioner challenges the order dated 16 July 2010 passed by the 2nd Joint Civil Judge, Jr. Division, Sangli. Petitioner is the original plaintiff. He filed a suit for injunction restraining the respondent no.1 from selling the suit property to respondent no.2. In the suit, he prayed for interim relief which was granted. Thereafter, issues were framed and suit was posted for hearing. After filing an affidavit in lieu of examination in chief, it appears that petitioner started avoiding to attend the Court. He remained absent on several occasions as mentioned in paragraph no.4 of the order of the learned trial Judge. The Court therefore dismissed the suit. The petitioner thereafter moved the Court with an application for setting aside the order of dismissal. 2 WP No.6195/10 By the order dated 16 July 2010, the Court allowed that application but vacated the interim relief granted earlier. Aggrieved petitioner is in appeal. 2. Perusal of the order of the trial Court discloses that the petitioner was absent in all on 15 dates between the period 27 April 2009 to 12 March 2010. After having obtained the interim relief, he successfully avoided the trial of the suit. In the circumstances while restoring the suit to file the Court imposed a condition that interim relief would stand vacated. This was necessary to protect the interest of the respondents as the respondent no.1 was restrained from selling the property to respondent no.2. I see no reason to interfere in the discretion exercised by the trial Court by passing a conditional order of the restoration of the suit. Writ Petition is rejected summarily. (D.G. KARNIK,J.)