1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION No. 8670 OF 2007 IN SECOND APPEAL No. 238 OF 2003 Nathu Anandrao Burewar vs. Deorao G. Mamidwar & Ors. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JANUARY 23, 2008. Heard Shri Kothari, learned counsel for the respondents - applicants and Shri Mardikar, learned counsel for the appellant. The respondent has filed this application for grant of temporary injunction contending that the appellant is damaging his bund wall by digging Nali just adjacent to it and thereby removing the lateral support from his side to it. The photographs alleged to be of said bund wall are annexed with the application. The appellant has on affidavit denied such damage and has stated that he is not digging any Nali in his field, so as to cause removal of its lateral support. The applicant has thereafter filed further reply making allegations that 2 photographs filed by the appellant showing the wall to be intact is of different portion of said wall. He further states that the photographs 2 to 4 placed on record show that the said wall has collapsed. In view of the statement made by the appellant and the disputed question which arises, I find that for present, the statement of appellant that he has not caused any damage to any portion of wall and he has no intention to cause any damage and he will not cause any damage to the said wall, will sufficiently protect the interest of the applicants – respondents in the matter. This statement is accordingly recorded. Civil Application No.8670 of 2007 is disposed of. However, liberty to present respondents to approach again if fresh cause of action arises. JUDGE *GS.