(1) CA. 1240.2007 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 1240 OF 2007 IN SECOND APPEAL NO. 130 OF 2007 Dnyaneshwar S/o Rambhau Kagade .. Applicant VERSUS Sou. Rukhminibai w/o Sopan Pawar and others .. Respondents Mr. V.M. Kagne, Advocate h/f. Mr. S.S. Chaudhari, Advocate for the applicant Mr. S.A. Ambad, Advocate h/f. Mr. D.H. Jaybhar, Advocate for the respondent nos. 1A, 2 and 3 ... CORAM : A.V. NIRGUDE, J. DATED : 25TH FEBRUARY, 2010 P.C.:- 1] Heard. Perused the affidavit of appellant- applicant and the record of the lower Court. The appellant while he was before the trial Court had obtained an order of temporary injunction. Soon after he filed the suit and the said order remained in force till the suit was dismissed. Again in the first appeal Court, similar order was passed in favour of the appellant and it remained in force till disposal of the appeal. 2] There is an indication from the pleadings of the respondent-defendant that the appellant after (2) CA. 1240.2007 obtaining the order of temporary injunction attacked him in the suit land where there was standing crop of toor and took away the same. The respondent- defendant also stated that he made complaint about this incident to the Police and the appellant was prosecuted but despite of this incident having occurred after the filing of the suit, the respondent-defendant made no effort to get the order of temporary injunction vacated nor did he succeed when the appellant sought temporary injunction from the first appeal Court. 3] In view of this, apparently the appellant- applicant is in possession of the land and so, there shall be order in terms of prayer clause (B). Civil Application stands disposed of accordingly. Sd/- (A.V. NIRGUDE, J.) arp