(1) CA. 5161.2007 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 5161 OF 2007 IN SECOND APPEAL NO. 608 OF 2004 Vithal S/o Hanmanthrao Lakhadive .. Applicant Versus Vijaykumar S/o Sangappa Bawage and ors. .. Respondents Mr. M.V. Deshpande, Advocate h/f. Mr. L.C. Patil, Advocate for the applicant None present for the respondent no.1 though served Ms. Meera T. Birajdar, Advocate for Respondent nos. 2(i) and 2(ii) CORAM : A.V. NIRGUDE, J. DATED : 24TH JULY, 2009 P.C.:- 1] The civil application is filed for issuance of temporary injunction against the respondents from transferring, alienating or in any manner creating third party interests in respect of the suit land and not to disturb the appellant's possession of the same. 2] The appellant was the plaintiff in the trial Court. He sought permanent injunction etc. against the respondents and his suit was decreed. (2) CA. 5161.2007 In 2002, for the first time, when the appellate Court set aside the decree, the order of temporary injunction/permanent injunction came to be vacated and the suit was dismissed. Even though, the second appeal is pending since 2004, the order of temporary injunction in terms of prayer clause (B) of this civil application was in force in favour of the appellant. Very recently the appeal was admitted. The respondent opposed the application for temporary injunction on the ground that since he secured dismissal of the suit, at appellate level, he should be allowed to exploit the suit property. If the appellant had enjoyed the order of temporary injunction since 1992, and since the second appeal is admitted, the parties must be directed to maintain status quo that had existed since 1992. So, the application deserves to be allowed. 3] The application is allowed in terms of prayer clause (B). Sd/- (A.V. NIRGUDE, J.) arp