IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CIVIL APPLCIATION CAF NO.1390/2010 IN FIRST APPEAL NO.572/2010 SAU. SHEELABAI JAISWAL ..VS.. RAJENDRA JAISWAL Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order C ORAM : SMT. VASANTI A NAIK,J. DATED : 20 th SEPTEMBER, 2010. Heard Shri Bhangde, the learned counsel for the appellant and Shri Chandurkar, the learned counsel for respondent. Perused the pleadings as also the order of temporary injunction passed by the trial court, during the pendency of the suit. On hearing the learned counsel for the parties and on perusal of the relevant documents, the prayer made in this civil application can not be granted in the entirety. However, the defendant / non applicant is directed not to construct over the suit plot during the pendency of the first appeal. The defendant is restrained from disturbing the possession of the appellant over the suit property, except the premises admeasuring 70 sq. meters towards the eastern portion and the tin shed admeasuring about 400 sq.ft. situated in the south-western corner, from out of the suit plot, which is admittedly in possession of the defendant/ non applicant, as can be seen from the prayer clause (b)(i) of the plaint. Civil application is allowed in the aforesaid terms and disposed of. JUDGE SMP