: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1730 OF 2004 IN SECOND APPEAL NO.1291 OF 2004 Dilipkumar Punamchand Bora .. Applicant / Appellant V/s. Suresh Tulshiram Gandhi & Anr. .. Respondents ..... Mr. Suresh M. Sabrad for the applicant Mr. Prasad Kulkarni for the respondents ..... CORAM : R.Y. GANOO, J. DATE : 14TH JULY, 2009. P.C. : 1. The second appeal has been admitted and ad-interim order in terms of prayer clause (b) of the Civil Application is running against the respondents since 17th August, 2005. 2. I have heard learned advocates on both sides. The appellant herein instituted a suit in the trial Court : 2 : so as to secure an order of injunction restraining the respondents from construction on land in question. The suit came to be dismissed. Appeal was filed in the District Court. Appeal also came to be dismissed. It is required to be mentioned as per the submission of learned advocate Mr. Sabrad that during the pendency of the suit as well as during the pendency of the appeal, an injunction was running against the respondents herein and after the admission of the second appeal, injunction in terms of prayer clause (b) of the civil application is running agaist the respondents. He submitted that the said order of injunction should be continued to protect the interest of the appellant. 3. Learned advocate Mr. Kulkarni vehemently opposed and contended that if two Courts have recorded the findings against the appellant, the appellant cannot secure an order of injunction. 4. I have considered the rival contention. The second appeal is admitted. If an order of injunction is running against the respondents all along and so far as this Court is concerned, if it is running since : 3 : August, 2005, I am inclined to observe that the said order must be continued otherwise there will be change in the situation at site which may prejudice the appellant. Hence, I am inclined to grant relief in terms of prayer clause (b). Hence, the order. ORDER . Civil Application is made absolute in terms of prayer clause (b). . There shall be no order as to costs. (R.Y. Ganoo, J.)