1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD APPEAL FROM ORDER NO.141 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM: P.R.BORKAR, J. Date : June 07, 2010 Shri S.S.Chaudhary,Advocate, for appellant. ShriP.D.Suryawanshi Advocate for Respondent Nos. 1 to 4. Shri D.L. Kshirsagar, Advocate for Respondent Nos. 5 and 6. Shri R.N. Bharaswadkar Advocate for Respondent No.11. Shri H.V. Patil, Advocate for Respondent No. 11. Shri P.S. Agrawal, Advocate for Respondent Nos.12 and 21. Shri M.V. Ghatge, Advocate, holding for Shri B.N.Ghadegaonkar for Respondent Nos. 13 and 14. Shri S.V. Mundhe, Advocate for Respondent No.15. Shri A.P. Bhandari, Advocate for Respondent Nos. 19 and 24. ------- 1. Heard learned counsel for respective parties. 2. This appeal from order is directed against order passed on 25.3.2009 by learned Civil Judge, Senior Division, Hingoli, on application (Exh.5) for temporary injunction in Special Civil Suit No.16 of 2008. By the said order, learned Judge vacated interim relief of status-quo granted on 3.5.2008. 2 3. The suit was for partition and separate share, so also for setting aside alienation effected by defendant No.1 in favour of other defendants. Application-Exh.5 was for temporary injunction restraining defendants from transferring, alienating or changing nature of the suit property or creating charge or encumbrance over the suit property till disposal of the suit. 4. It appears that some certificate was required to be produced by the plaintiff which he had failed to do and, therefore, status-quo granted earlier was vacated. As against the said order, present appeal from order is filed. 5. Without commenting anything more, with the assistance of learned counsel for the respective parties this court has tried to interpret the order and all that can be gathered from the order is that production of some certificate showing birth date of the plaintiff although directed was not produced by him which resulted in vacating the order of status-quo. 6. The order dated 25.3.2009 vacating status-quo granted on 3.5.2008 is not passed 3 on merits. There is no reason why injunction to alienate or create third party rights in respect of the suit property pending suit was not allowed. 7. In the circumstances, this appeal from order is allowed. The order dated 25.3.2009 passed by the learned Civil Judge, Senior Division, Hingoli is hereby set aside. The learned Judge is directed to rehear application (Exh.5) and decide the same afresh on merits preferably within three months. Appeal from Order disposed of. pnd/ao141.09 (P.R.BORKAR, J.)