1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR APPEAL AGAINST ORDER NO. 61 OF 2010 Vishnu Vishwanath Gaikwad Vs. Shewantabai w/o Shankarrao Gajbhe & Ors. ------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------- Mr. H. D. Dangre Adv for appellant. Mr. R. S. Akbani Adv for respondents. CORAM: K. U. CHANDIWAL J. DATED: 17 th JUNE , 2010. The refusal to grant injunction in terms of Ex. 5 in Special Civil Suit No. 1187 of 2009 is contested by the plaintiff. 2. Court on analysis of the entire record and documents realised that the plaintiff staking a claim from Subhadra could not do so, as Subhadra during her life time did not venture to do so claiming that she was a widow and wife of late Shankar. That apart, it 2 was brought on record that said Subhadra was already a married lady of Gunya Sonkuwar and severance of her earlier marriage with said Gunya is not at all seen any where. Contention that Subhadra was residing with Shankar for which an electoral record of 1971 or 1985 was produced, needs to be analysed. The record even if accepted, the fact remains that the birth of the defendants Meera, Shashikala and Annapurna is prior to 1971, for that their birth records were produced. It unequivocally establishes that Shewanta was married to Shankar long before Subhadra coming into picture. Learned Judge refused injunction as staked by the plaintiff who claims to be nephew of Subhadra. I do not see any primafacie case, there was no error on the part of the learned Judge. Appeal from order lacks merits. Dismissed. No costs. JUDGE svk 3