1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4888/2009 LAXMANRAO M. JUMDE VS. PRABHA L. JUMDE Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri Gulhane, Advocate, for the petitioner. CORAM : B.P. DHARMADHIKARI, J. DATED : FEBRUARY 08, 2010. Heard. This court issued notice for final disposal on 13th November, 2009. Thereafter on 16th December, 2009, though respondent was served, she chose not to appear. Again on 14th January, 2010, she chose not to appear. On that date, matter was heard for some time and to give one chance to respondent to appear and to argue, the matter was adjourned to today. Today again the respondent wife is absent. The petitioner husband filed Regular Civil Suit No.286/2008 contending that the property appearing in the name of respondent-wife was purchased by him through his own income and the wife was planning to sell away that property to some third person. The trial Court granted temporary injunction and restrained her from creating any third party interest or alienating the property. Principal District Judge in M.C.A. No. 52/2008 filed by wife held that because of provisions of Section 4(3) of Benami Transactions (Prohibition) Act, the suit itself was 2 unsustainable and therefore, allowed her appeal and vacated the order of temporary injunction. Advocate Gulhane has pointed out that appeal was dismissed on 26.8.2009. It was restored on 16.9.2009 without any notice to the present petitioner and his counsel was summoned & asked to argue the matter. He contends that the correct position in law could not be pointed out to the lower appellate Court. It is apparent that the view as expressed in judgment dated 16th September, 2009, by the learned Additional District Judge is unsustainable. The said judgment is, therefore, quashed and set aside. The order of temporary injunction passed by the Civil Judge, Junior Division, Seloo, Distt. Wardha, on 25.08.2008 is hereby restored. Writ petition is thus allowed. No costs. JUDGE Rvjalit.