1 ao97.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Appeal from Order No. 97 of 2010 WITH Civil Application No. 147 of 2010 IN AO 97/2010 Shri Bajirao Pandarinath Mankar ...Appellant v/s. Shri Murlidhar Pandarinath Mankar & ors. ..Respondents Mr. P.B. Shah for the appellant. Mr. S.V. Sadavarte for respondents 1-5. Mr. Amol A. Deshpande for respondents 2,3,4,6 & 7. CORAM:- B.R. GAVAI, J DATED :- JANUARY 14, 2011. P.C. By way of present Appeal, the Appellant challenges the order dated 6th January, 2010 vide which the Application filed by the present Appellant for temporary injunction came to be rejected. The suit has been filed by the plaintiff/appellant for reopening the partition. It is the contention of the plaintiff that all the four brothers were given equal share of 900 sq. meters. 2 ao97.10.sxw It is further submitted that the actual area given to the share of the present Appellant is less and the defendants have more area in their possession. As such the Application for temporary injunction was filed against the defendants for restraining them from challenging the nature of the suit property. The same is rejected. 2. The Respondent-defendant no.2 has filed an undertaking before this Court to the effect that in the event the Learned Trial Court directs, the said defendant to hand over the possession of any area of the suit premises to the plaintiff, he shall hand over peaceful vacant possession of the same to the plaintiff-appellant by demolishing the structure constructed thereon and that he shall claim no equity. 3. In that view of the matter, I find that the interest of the present appellant/plaintiff is duly safeguarded. The undertaking is taken on record and marked 'X' for identification. 4. The appeal, therefore, stands disposed of in view of undertaking filed by defendant no. 2. 3 ao97.10.sxw 5. Needless to say that interim orders, if any, shall stand vacated. 6. In view of disposal of appeal, nothing survives for consideration in the Civil application No. 147/2010. The same is also disposed of. (B.R. GAVAI, J)