1 CA 319.2009 in SA 282.2008 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 319 OF 2009 IN SECOND APPEAL NO. 282 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. J.C.Badve, Advocate for the applicants. ............................... CORAM : S.V. GANGAPURWALA, J. DATE : 03/12/2010 PER COURT : 1. This is an application seeking relief of vacating the order passed in Civil Application No. 4289 of 2008 dated 27/6/2008, whereby this Court had granted injunction restraining the present applicant from alienating or creating third party interest in the suit property. 2. Mr. Badve, the learned counsel for the applicant submits that in the trial Court also no such relief was prayed by the present applicant. On the basis of said relief, the non applicants are creating nuisance and trying to invoke other 2 CA 319.2009 in SA 282.2008 proceedings. 3. As far as resorting to other proceedings are concerned, the applicant is at liberty to take appropriate steps. The Suit is for partition and separate possession. The Second Appeal is admitted. In that light of the matter, multiplicity of the litigation will be required to be avoided and as such the order of restrained against the present application from dealing with the suit property is reasonable and in consonance with the subject matter of the dispute. 4. In light of the same, the present Civil Application is rejected. [ S.V. GANGAPURWALA ] JUDGE knp/CA 319.2009 in SA 282.2008