{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO.30 OF 2010 Sau.Indu w/o Tulshiram Patil APPELLANT VERSUS Puspa Girdhar Chaudhari RESPONDENT ....... Mr. L.V.Sangir, Advocate for appellant ....... [CORAM : A.V.POTDAR, J.] DATE: 22 nd April 2010 PER COURT: 1. Respondent absent, though duly served. 2. Heard learned counsel for the appellant. 3. By this Appeal From Order, the appellant / plaintiff has assailed the order dated 15.12.2009 passed by the Civil Judge, Senior Division, Jalgaon below temporary injunction application Exhibit-5 in Special Civil Suit No.231/2006. 4. During the submissions advanced on behalf of the appellant, learned counsel tried to urge that the property, stood in the name of the respondent / defendant, was actually purchased from the funds provided by the appellant and hence it is a Benami transaction. The appellant has expressed apprehension that {2} respondent / defendant may alienate the said property during the pendency of the suit and in that eventuality rights of the appellant would be prejudiced and hence prayed for interference in the order impugned. 5. Perused the impugned order. In para 6 of the order, it is clearly observed by the lower court that all the documents of title stand in the name of respondent / defendant. The documents produced before the lower court of which description given in para 6 of the impugned order further discloses that the documents in respect of payment towards installments of loan from the HDFC Bank also stand in the name of defendant / respondent. Merely the defendant is not before this Court inspite of service does not mean that that though no perversity is found in the impugned order the same be interfered. 6. In the premise, the Appeal From Order, which is sans merits, stands rejected. 7. At the request of learned counsel for the appellant hearing of Special Civil Suit No.231/2006 is expedited. Learned trial court is directed to dispose of the said suit as expeditiously as possible and in any case on or before 31 st December 2010. [A.V.POTDAR, J.] drp/B10/ao30-10 {3} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.2719 OF 2010 IN APPEAL FROM ORDER NO.30 OF 2010 Sau.Indu w/o Tulshiram Patil APPELLANT VERSUS Puspa Girdhar Chaudhari RESPONDENT ....... Mr. L.V.Sangir, Advocate for appellant ....... [CORAM : A.V.POTDAR, J.] DATE: 22 nd April 2010 PER COURT: 1. As the appeal from order is dismissed, the present civil application does not survive and hence disposed of accordingly. [A.V.POTDAR, J.] drp/B10/ao30-10