1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ---------------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | CONTEMPT PETITION NO.107/2005 Shri A.S.Deshmukh,Adv.for petr. Shri S.N.Lovekar,Adv. for R.2. .... CORAM : R.K.DESHPANDE,J. DATE : 03/12/2009. 1] This petition is filed by the original plaintiff whose application Exh.5 for grant of temporary injunction was rejected by the trial Court and the said order was confirmed in the appeal by this Court in Writ Petition No. 6704/04 preferred by the petitioner against the said rejection. This Court passed an order on 1/11/2004 as under : Heard Shri A.S.Deshmukh, learned Advocate for the petitioner. Notice before admission returnable on 13/12/2004, till then ad-interim relief in terms of prayer clause C . 2 2] By virtue of the aforesaid order, in terms of prayer clause C , respondents were restrained from creating third party interest or from alienating or transferring the suit property situated at Nanded as was described in Schedule A and B in claim clause of the plaint. It is alleged by learned counsel for the petitioner that on 15/2/2005, the property has been alienated by respondents, which is in violation of the order dated 1/11/2004 passed by this Court which is reproduced above. 3] The interim order passed above was to operate till 13/12/2004 as it was ordered only till then. There was no extension of said order beyond the said date. The argument that the interim order dated 1/11/2004, reproduced above, should be taken to have been extended till the hearing of the matter, although the order states that the same was granted till 13/11/2004 is required to be rejected in view of the decision of the Apex Court reported in 2007(3) S.C.C.470 Ashokkumar and another V/s State of Haryana, relied upon by Shri S.N.Lovekar,Advocate for respondent no.2. 3 4] In view of this, nothing survives in this petition. The same is therefore dismissed. (R.K.DESHPANDE, J.) umg/cp107-05