1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa APPEAL FROM ORDER NO. 741 OF 2010 ALONGWITH CIVIL APPLICATION NO. 930 OF 2010 Vivekanand M. Mhatre & Anr. .. Appellants v/s. Suresh Janardan Save & Ors. .. Respondents .... Mr. A. J. Joshi for the Appellants. .... CORAM : R.C. CHAVAN, J. DATE : JULY 20, 2010. P.C. This Appeal is directed against the order passed by the learned Civil Judge, Senior Division, Palghar rejecting the applicants/defendants's application for injunction in a suit filed by the plaintiffs. 2. The appellants have alleged by their application dated 22nd July, 2009, that they found that the plaintiffs had threatened the applicants and their family members on 20th July, 2009, that the applicants should not cultivate the fields, and if they cultivated 2 the fields, their crops would be destroyed or damaged. The applicants then claimed that an injunction should be granted to restrict the respondents/plaintiffs from obstructing the appellants' possession of the suit property, as also for not causing damages to the crops which may be taken by the defendants. The learned counsel for the appellants submits that this cause of action squarely falls under clause (a) of Rule 1 of Order 39 of the Code of Civil Procedure which refers to property in dispute in a suit which is in danger or being wasted, damaged or alienated by the party. The clever jugglery of trying to pass off the crops that may be taken on the field as the property in dispute would not bring the case of the appellants within clause (a). The grievance is about possible damage to the crops and not to the property in dispute. Crops are not the subject matter of the suit. The learned trial Judge rightly rejected the application for injunction. If the defendants had any grievance, they would have either to file a suit, or if, permissible they may file a counter claim in the pending suit. Therefore, there is no merit in the Appeal. The Appeal is dismissed. 3. In view of the disposal of the Appeal, Civil 3 Application No.930 of 2010, does not survive, and is disposed of accordingly. [ R. C. CHAVAN, J. ]