1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO. 287 OF 2010 Maharshi Shankarrao Mohite Patil Sikshan Prasarak Mandal & ors .. Appellants vs. Mr.Rajaram Bhimrao Jadhav ..Respondent. Mr.P.S.Dani a/w Ms.Sweta Solanki i.b Kiran Jain & Co for Appellants Mr.Anant Vadgaonkar for Respondent CORAM : J.H.Bhatia, J. DATE : 8th August, 2011 P.C. 1. Heard learned counsel for the parties. The plaintiff had preferred an Appeal against rejection of the Notice of Motion No.1028 of 2009 in Suit No. 1261 of 2009. In the Notice of Motion, prayer clause (a) consist of two prayers. Firstly, that the defendants be restrained from causing any interference or obstruction in carrying out survey at Mohite Patil Vidyalaya, Mohite Patil Nagar, Mankhurd, Mumbai and second prayer is to restrain the defendants from entering into or tresspassing on the plaintiff's school. Learned counsel for the parties pointed out that in the written reply the defendants had admitted that the plaintiff- 2 trust is owner of the property and he has never obstructed in the survey. As far as second prayer about restraining the defendants from entering into the premises of the school is concerned, the defendants contended that his three grand children are students of the said school and therefore he may be required to go to the school in connection with education of his grand children. In view of the above statement, learned counsel for the parties agree that Appeal may be disposed of with the following directions : (i) The defendants shall not cause any obstruction in carrying out any survey on Mohite Patil Vidyalaya situated at Mohite Patil Nagar, Mankhurd, Mumbai by or at the behest of the plaintiff-trust. (ii) The prayer for restraining the defendants from entering into the premises of the school being not pressed by the plaintiff, stands rejected. The Appeal stands disposed of accordingly. As the Appeal itself is disposed of, Civil Application No.375 of 2010 does not survive and stands disposed of accordingly. (J.H.BHATIA, J.) 3