1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5062 OF 2006 Appasaheb Bhimrao Pole Petitioners versus Sakhubai Khumansingh Janawar Respondent Mr.M.A.Utagikar for petitioner. CORAM : A.S.OKA, J. DATE : 05th March 2010 PC :- 1. Heard learned counsel for the petitioners. The petitioners are the original plaintiffs. On an application for temporary injunction filed by the petitioners, the Trial Court granted temporary injunction on 26th April 2006. An appeal was preferred by the respondent/defendant. By the impugned judgement and order dated 13th July 2006, the appeal was allowed and order of temporary injunction was quashed and set aside. The learned counsel for the petitioners submitted that the Appellate Court has not at all properly read the description of the property in the sale deed which was executed in favour of the petitioners. He submitted that the respondent purchased the property subsequently and there is nothing on record to show that the property of the petitioners is close to 2 be the respondents property. He, therefore, submitted that the Appellate Court committed an error by interfering with the order of temporary injunction. 2. I have given careful consideration to the submissions. The order of temporary injunction has been vacated by the impugned order on 13th July 2006. Thus, for more than three and a half years there is no interim relief operating in favour of the petitioners. Considering the facts of the case, the relief of temporary injunction being discretionary and equitable relief, at this stage, no interference can be made with the order of the Appellate Court. The writ petition is accordingly rejected. Hearing of the suit is expedited. It is made clear that the suit will be decided on its own merits without being influenced by the tentative observations made by the Appellate Court. (A.S.OKA, J.) 3 mst FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APLPLICATION NO.2793 OF 2009 IN WRIT PETITION NO.5062 OF 2006 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr.M.A.Utagikar for petitioner. CORAM : A.S.OKA, J. DATE : 5th March 2010 PC :- 1. Heard learned counsel for the applicants. A case for restoration is made out. Accordingly, the civil application is allowed in terms of prayer clause (B). (A.S.OKA, J.)