1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR APPEAL AGAINST ORDER NO.72 OF 2011 Kishor s/o Ramalu @ Rambhau Telang VERSUS Suresh s/o Ramalu @ Rambhau Telang ........................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ........................................................................................................................................... Shri N.B.Kalwaghe, Counsel for the Appellant. CORAM : R. K.DESHPANDE, J. DATE : 28. JUNE, 2011. Heard Shri N.B.Kalwaghe, the learned Counsel appearing for the appellant. This appeal challenges the order dated 19.3.2011 passed below Exh.31 by the Trial Court, rejecting the application filed by the appellant for vacating or modifying the order of injunction passed by the Trial Court on 29.9.2010. The Trial Court has recorded the finding that no case is made out for alteration or vacation of order under Order 39 Rule 4 of the Code of Civil Procedure. It is not in dispute that under Order 39 .....2/- 2 Rule 4 of the Code of Civil Procedure, the application can be filed, on the basis of the changed circumstances and if the continuation of injunction causes serious prejudice.. I have gone through the application filed by the petitioner. After perusal of the same, I do not find any fault in the view taken by the Trial Court in its order dated 19.3.2011. Shri N.B.Kalwaghe, the learned Counsel appearing for the appellant further submits that this appeal also challenges the order of injunction dated 29.9.2010 passed by the Trial Court below Exh.5 in Special Civil Suit No.840 of 2010. He submits that appeal to that extent is not within a period of limitation. This appeal is not accompanied by the application for condonation of delay. Hence, the prayer to that extend, cannot be entertained in this appeal. It will be permissible for the appellant to file separate appeal, challenging the order dated 29.9.2010 passed below Exh.5 along with the application for condonation of delay and dismissal of this appeal, will not come in his way. .....3/- 3 With the aforesaid observations, the appeal is dismissed. JUDGE BrWankhede ...../-