1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.5041 of 2007. [Shamrao S/o Jangarao Sawant & others] Vs. [Gangabai wd/o Bhaurao Chavan & others] ---------------------------------------------------------------- Office Notes, Office Memoranda of Coram,appearances,Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri A. C. Dharmadhikari, Advocate for the petitioner. Coram: A. H. JOSHI, J. Dated: 07th March 2008. 1. The application for temporary injunction which has led to filing of the Misc. Civil Appeal No.405 of 2004 which contains the following prayer clause. (i) grant temporary injunction in favour of the plaintiffs and against the defendants injuncting the defendants, their agents, servants, family members, it enants or anybody acting on their behalf from constructing or carrying out any further construction on the suit premises during the pendency of the suit. [Quoted from page 44 & 45 of Writ Petition Paper book] 2 2. The parties are common that the construction, which was in the nature of repairs etc. is already complete, and even the plaintiff has moved an application under Rule 2 A of Order 39 of the Civil Procedure Code. Now, therefore, there is nothing required to be done or injuncted. Therefore, the petition has become infructuous. Petition is dismissed. 3. Considering the pendency of the matters at hand, the Trial Court will give reasonable precedence to the petitioner if petitioner herein applies for early disposal of the suit. JUDGE Sbm