1 caf121 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.121 OF 2011 IN FIRST APPEAL NO.41 OF 2011 Sou Alka Dattu @ Dattatraya Gaikwad ...Applicant vs. Sangita Balu @ Balasaheb Garud & Ors ...Respondents Mr.N.R.Bubna for the applicant Mr.S.M.Gorwadkar for the respondent nos.2 and 3 CORAM : A.S.OKA,J. DATE : APRIL 26,2011 P.C.: 1 Heard the learned counsel for the applicant and the learned counsel for the respondent nos.2 and 3. The learned counsel for the respondent nos.2 and 3 pointed out that even during the pendency of the suit, temporary injunction was not granted in favour of the applicant and in fact, the application for temporary injunction made by her was not pressed. 2 The learned counsel for the applicant submitted that in view of the dismissal of the suit, now there is an apprehension that third party interests will be created and therefore, the applicant is entitled to temporary injunction. 3 The finding of fact recorded by the trial Court is that the applicant has failed to prove that the defendants have fraudulently got executed the sale deed in respect of the suit property from the applicant. During the pendency of the suit, there was no injunction granted in favour of the applicant. Hence, after the 2 caf121 dismissal of the suit on merits, no case is made out for grant of injunction. If any third party rights are created by the respondents, the same will be naturally subject to final orders which may be passed in the appeal. 4 Subject to what is observed above, application is disposed of. JUDGE