1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Writ Petition No.2546 of 2008. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. By this petition, the petitioner challenges order passed on Exh.5 in RCS No.28/2007 and the order rendered by learned Adhoc Additional District Judge in Misc.Appeal No.09/2007, thee are concurrent findings rendered by both the Courts in favour of Respondent-plaintiff. It is pertinent to note that these findings are prima facie and the suit is still pending. The injunction application of the petitioner plaintiff came to be rejected. It is stated by learned advocate Smt.Sabahat Kazi that the defendant/respondent had completed the construction work. She states that the injunction application has become infructuous due to such recent development. Mr.Kulkarni, seeks liberty to apply for amendment of the plaint and seek mandatory injunction. The amendment may be considered by the trial Court and the delay if any, may be sympathetically considered for condonation. With these observations, the petition is dismissed. (V.R.KINGAONKAR,J.) Dt.08.07.2009. asp/office/wp2546.08