1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No.1658 of 2010 In W.P.No. 5616/2008. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard counsel. 2. It appears that on 8.9.2009, the learned Single Judge (Shinde,J.) issued Rule and directed the parties to maintain statusquo. 3. In fact, the petitioner had failed in his attempt to seek injunction against the applicant who is his father. The Cooperative Court as well as the appellate Cooperative Court had rejected his prayer for injunction. Both the Courts noticed that there was no prima facie case made out by him regarding lawful possession of the plot No. 37 situated in Bhagyanagar Cooperative Housing Society, Nanded. 4. Ms.Netrali N.Gangwal (Jain), learned advocate sought time to file reply. The request is rejected only for the reason that the statusquo order in such a matter is rather nebulous and inoperative. The question of lawful possession is involved and it has to be determined either by granting or refusing the injunction. Under the circumstances, the petitioner is at liberty to seek interim relief by way of injunction. However, the statusquo order itself is against the canons of settled legal principles and as such is vacated with liberty as above. C.A. disposed of. (V.R.KINGAONKAR,J.) Dt.05.02.2010. asp/office/Ca1658.10