IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR C.A.F. No.684/2010 in First Appeal No.298/2010 ( Smt. Laxmi W/o Upasrao Sathawane ..V/s.. M/s. Sai Dham Developers ) Office Notes, Office Memoranda of Coram, Appearances, Court’s orders or directions and Registrar’s orders Court’s or judges Orders. Shri S.S. Murthy, Adv. for appellant. Shri M.A. Sable, Adv. for respondent. CORAM: SMT. VASANTI A. NAIK, J. DATE: 19 th JULY 2010 Heard the learned counsel for the parties. The First appeal is admitted by this Court by an order dated 25th of March 2010. While admitting the matter and while issuing the notice to respondent on the civil application for grant of temporary injunction, this court had restrained the respondent from alienating or creating any third party interest in the suit property. It is necessary to note that Trial Court had decided the case of the present appellant by the judgment dated 30/11/2009. It is further necessary to note that an application for grant of temporary injunction was filed before the Trial Court and the same was dismissed by the Trial Court by an order dated 2/2/2008. The order dated 2/2/2008 was not challenged by the appellant and it is an admitted position that there was no temporary injunction operating against the respondent from 2/2/2008 till the suit was dismissed on 30/11/2009. It is further noticeable that the injunction was also not operating till 25th of March 2010, till this Court granted ad-interim injunction while admitting the appeal, without hearing the respondent. Hence, since there was no injunction operating in favour of the appellant and in fact the injunction application was rejected by an order dated 2/2/2008 it would be just and reasonable in the interest of justice not to grant temporary injunction against the respondent. Civil application is therefore, rejected. JUDGE Tambaskar.