wp2816.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.2816/2011 Mahesh Bhagwat Lade -vs- Roshani W/o Mahesh Lade and another ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri Gode, learned counsel for the petitioner. CORAM : SMT. VASANTI A. NAIK, J. DATE : 24.08.2011. Heard Shri Gode, learned counsel for the petitioner. No ground has been made out for interference with the prima facie findings recorded by the Trial and the First Appellate Court for rejecting an application filed by the petitioner restraining the respondents from making any construction over the suit plot till the disposal of the suit. Though, it may be likely that the petitioner has spent the amount for the purchase of the suit property in the name of respondent No.1 by the registered sale deed dated 05/05/2006, since the sale deed is executed in favour of the respondent No.1, who has further sold the property to the respondent No.2, the Courts rightly held that the application filed by the petitioner was liable to be rejected. However, it is made clear that in the facts and circumstances of the case, if any construction is made by the respondents over the suit wp2816.11.odt 2/2 property during the pendency of the suit, the respondents would not be entitled to claim any equity in view of the construction made on the property, if finally the petitioner succeeds in the suit filed by him. Since the order passed by both the Courts do not suffer from any illegality, the writ petition is dismissed with no order as to costs. In the peculiar facts of the case, the Trial Court is directed to decide the suit as expeditiously as possible. JUDGE KHUNTE