1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3607 OF 2007 IN FIRST APPEAL NO.1974 OF 2007 Shri Satish Bhagwandas Lodha & anr. : Applicants. Versus Shri Kisanlal Fatehchand Lodha & Anr. : Respondents. Mr.Sugandh Deshmukh for the Applicants. Mr.S.C.Karandikar for Respondent Nos.1 to 4. CORAM : R.M.SAVANT, J DATED : September 08, 2008 P.C. 1. By the above Civil Application, the Applicants pray for the following relief :- “That this Honourable Court may be pleased to issue a temporaryinjunction thereby restraing theRespondents herein from causing any closure of any of the gates of the property for having to and fro access to the Plaintiffs and further the Respondent be 2 restrained from causing any damage to any portion of the suit property, in any manner or from causing any damage to the trees standing in the premises, surrounding the bungalow in the property House No.38/25 and 38/26, Erandwane Pune-4, and from causing any commercial and manufacturing activities in portion of the said property or in thenorth-west side of the same or the shed therein, and from causing any damages in any way to the suit property or amenitites therein and from causing any denial to the Applicant from the enjnoymenht of the same, and denying the servants of the Applicants herein from making the use of the common W.C. And bathroom situated in the north-west portion of the suit property.” 2. By an order passed today, the above First Appeal has been admitted. It appears that during pendency of suit, being Special Civil Suit No.385 of 1986, a statement was made on behalf of the Defendants that they would not close the gates of the property and would not cause any damage to the trees standing in the premises, surrounding the bunglow. The learned advocate for the Respondent 3 Nos.1 to 4 herein i.e. the Defendants in the said suit, submits that the said statement may be continued, pending the above First Appeal. 3. In the light of the submission made on behalf of the Respondent Nos.1 to 4 that they would not close the gates of the property and not cause any damage to the trees standing in the premises, surrounding the bungalow, the said statement is accepted and continued, pending the final hearing and disposal of the above First Appeal. The above Civil Application is, therefore, made absolute in the said terms and disposed of accordingly. [R.M.SAVANT, J]