1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. APPEAL AGAINST ORDER No. 60/2010 Yogesh Sadashio Bhusari and others .versus. Sanjay Narayan Chavan and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Cou rt's or Judge's Orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.P.Kariya, counsel for appellant Shri D.L.Dharmadhikari, counsel for respondent no.1. None for other respondents. CORAM : R.K.DESHPANDE, J. DATE : 25 th AUGUST, 2010 1] This appeal from order challenges order passed below Exh. 5 by the learned 3rd Joint Civil Judge, Senior Division, Wardha, in Special Civil Suit No. 27/10, on 13.04.2010, granting injunction restraining the defendant nos. 1 to 4 from moving the teak wood and Adjat in favour of defendant no. 5 or any body till the final disposal of the suit, subject to the condition that it shall be moved at safe place either in the suit field or in the village by following rules and regulations under the Forest 2 Authorities. Hence, this appeal is by the original defendant nos. 1 to 4. 2] Notice in this matter was issued on 6th May, 2010. In response to the same, Shri D.L.Dharmadhikari, learned counsel, appears for respondent no.1/ original plaintiff. Although parties are served, none appears for the other respondents. 3] The only question urged is that the property in dispute is a movable property and the trial court should not have granted injunction as the remedy of damages was available to the plaintiffs. The learned counsels for the appellants and respondent no.1 agreed that permission to dispose of the movable property can be granted subject to imposing certain conditions. Hence the following order. O R D E R i] The appellants are permitted to 3 sell the property in question, if they desire so. ii] The appellants shall deposit an amount of Rs.6,00,000/- (Rupees Six Lacs) in the trial Court before effecting the sale of the property. iii] The trial Court shall upon receipt of such amount, deposit the same in fixed deposit for appropriate period. iv] Such deposit shall be subject to the result of the suit. The appeal stands disposed of in these terms. No costs. JUDGE Rvjalit