-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUNATION SHEET CONTINUNATION SHEET CONTINUNATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.1268 OF 2007 APPLICATION NO.1268 OF 2007 APPLICATION NO.1268 OF 2007 IN IN IN SECOND SECOND SECOND APPEAL NO.481 OF 2002 APPEAL NO.481 OF 2002 APPEAL NO.481 OF 2002 ............................................................. ............................................................. ............................................................. Office Notes,Office Office Notes,Office Office Notes,Office memorandum of Coram, memorandum of Coram, memorandum of Coram, appearances,Court’s appearances,Court’s appearances,Court’s Court’s Court’s Court’s or or or orders or directions orders or directions orders or directions Judge’s Judge’s Judge’s orders orders orders & Registrar’s orders. & Registrar’s orders. & Registrar’s orders. ............................................................. ............................................................. ............................................................. Mr.Tanaji Mhatagude i/b Mr.Sugandh Deshmukh for the Applicant CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : NOVEMBER 19,2007. : NOVEMBER 19,2007. : NOVEMBER 19,2007. P.C.: P.C.: P.C.: 1. Heard Advocate for the Applicants. He states that private notice has been duly to the Respondents and Affidavit of service has been filed. Statement is accepted. 2. The Applicants are the Appellants in the Second Appeal. The Appellants are the original plaintiffs. A suit for partition and separate possession filed by the Applicants has been dismissed by the trial court and the decree has been confirmed by the first Appellate Court. -2- 3. There are no averments made in the Application that the temporary injunction which is prayed for in this Application was operating during the pendency of the suit or the Appeal in the District Court. In any event, after having failed in both the courts below, the Applicants are not entitled to order of temporary injunction. Since the Second Appeal is pending in this court, it is obvious that all further transactions which may be made by the Respondents in respect of the suit property will be subject to final outcome of the Second Appeal. 4. Subject to what is observed above, Civil Application is rejected. JUDGE JUDGE JUDGE