{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO.156 OF 2011 WITH CIVIL APPLICATION NO.10679 OF 2011 Salim Amiroddin Malik Appellant Versus Naisr Amiroddin Malik Respondent Mr.A.N.Sabnis, advocate holding for Mr.S.P.Shah, advocate for the appellant. CORAM : S.S.SHINDE, J. DATE : 19 th September, 2011 PER COURT: 1 Heard learned Counsel for the appellant. 2 Learned Counsel for the appellant submits that entire dues towards arrears of loan have been paid by the original defendant. After payment of such loan, on the request of original plaintiff, who is brother of defendant, some portion of the house is given to the real brother, however, the brother has filed suit seeking therein that he is real owner of the suit property. According to the learned Counsel for the appellant, the suit property belongs to him and the same has been purchased from his own sources. He, therefore, submits that this Appeal from Order deserves to be entertained. {2} 3 I have given due consideration to the submissions of the learned Counsel for the appellant. I have carefully perused the impugned order passed by the trial Court. In para 18 of the impugned order, the trial Court has recorded that the original plaintiff - Respondent herein has submitted receipts towards payment of water charges and further perusal of the receipts show that he has paid the water charges regularly. The plaintiff has also paid the electricity bills. The trial Court has considered the documents placed on record and directed the defendant not to mortgage, sale, or execute gift deed in favour of any third party. In my opinion, since the plaintiff and defendant are real brothers and upon appreciation of the documents placed on record, the trial Court, in para 18 of the impugned order, has reached to the definite conclusion and exercised discretion in favour of the plaintiff to protect his interest during pendency of the suit, the view taken by the trial Court cannot be said to be perverse or unreasonable. In that view of the matter, I do not find any substance in the Appeal from Order. 4 This Appeal from Order along with Civil Application stand rejected. S.S.SHINDE JUDGE adb/ao15611