FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS AO/18/2011 GYANBA GUNDA KHATAL AND ORS V/S V/S SURESH GYANBA KHATAL AND ORS ... 1. Heard Shri Vivek Bhavthankar, Advocate for the appellant. 2. The application tendered by the respondents / original plaintiffs claiming a restraint order against the original defendants restraining them from causing interference in possession of the plaintiffs as well as creating third party interest during pendency of the suit was taken up for consideration by the trial Court. The trial Court, after hearing all the parties was pleased to allow the application tendered by the plaintiffs partly and passed a restraint order restraining the defendants from creating a third party interest during pendency of the suit. 3. Interlocutory order passed by the trial Court on 12.10.2010 is subjected to challenge in this appeal at the instance of the defendants. Defendants / appellants have contended that they are in possession of the suit property and have become owners by virtue of the sale deed executed by plaintiff No.1 and as such they cannot be restrained by an order of injunction from creating third party interest. (2) AO/18/2011 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS 4. Looking to the contentions raised in the plaint by the plaintiffs, I am of the opinion that the trial Court has correctly exercised the discretion in granting restraint order restraining the defendants from creating third party interest during pendency of the suit. The trial Court has recorded a finding that the defendants have been put over the possession of the subject land and as such refused to grant an order of temporary injunction in favour of the plaintiffs and against the defendants. 5. Considering the facts and circumstances of the case, no interference is called for in the instant appeal. The Appeal from Order is devoid of substance and as such stands rejected. Dt.14.3.2011 (R.M.BORDE, J.) akl