{1} ca510811.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.5108 OF 2011 IN FIRST APPEAL ST.NO.1593 OF 2011 Sriniwas Chandrakant Bura and others Applicants Versus Rajaram Bhumayya Gundu and others Respondents Mr.S.P.Shah, advocate for applicants. Mr. N.C.Garud, advocate for respondents no.1, 3 to 7. Mr. V.S.Bedre, advocate for Respondent No. 2. CORAM : R.M.BORDE, J. DATE : 27th July, 2011 PER COURT: 1 This is an application seeking restraint order against respondents – original defendants from creating third party interest. 2 The issues raised in the instant litigation were substantially answered in earlier litigation i.e. Special Civil Suit No.423 of 1998 between the same parties. It is the contention of appellants that father of appellants was party to the earlier litigation and he has raised a contention in the earlier litigation that the property belong to the joint family and the issue has been answered in negative. The claim of the respondents herein – original plaintiffs in Special Civil Suit No.423 of 1998, for specific performance, was granted against father of appellants herein. The Cross-objection raised by the father of appellants in earlier litigation for recovery of possession of the property has also been turned {2} ca510811.odt down. The applicants herein – original plaintiffs are raising a claim that the property in question belong to joint family and they have independent right. Considering the issues raised in the matter, I am of prima facie opinion that no case is made out for grant of interim relief. The application is devoid of substance. Civil Application stands rejected. R.M.BORDE JUDGE adb/ca510811