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Bombay High CourtCAF/2450/2014disposed off

Mr. Sanjay Vedanand Jha v. Mr. Rajesh Narayan Kulthe

2015-02-03Hon'Ble Shri Justice C.V. Bhadang,Hon'Ble Smt. Justice Vasanti A. Naik2 pages

bsb 1 CAF2450.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2450 OF 2014 IN FIRST APPEAL NO. 843 OF 2014 Mr.Sanjay Vedanand Jha ... Applicant v/s Mr.Rajesh Narayan Kulthe ... Respondent Mr.Surel S. Shah for the appellant.

Mr.Sachin Gite for respondent No.1.

CORAM: SMT. VASANTI A. NAIK & SHRI C. V. BHADANG, JJ.

DATED : 3RD FEBRUARY 2015 P.C.:

Heard the learned counsel for the parties. Perused the contents of the application. We have also perused the judgment of the Trial Court. It is not the case of the applicant that a similar injunction as sought by the civil application was granted by the Trial Court and the same was operational during the pendency of the suit.

If the Trial Court had not restrained the non-applicants from alienating the suit property or creating third party interest therein, we are not inclined to grant the prayer made in the civil application.

bsb 2 CAF2450.14.doc Hence, the prayer for grant of injunction is rejected. Civil application stands disposed of accordingly. (C. V. BHADANG, J.) (VASANTI A. NAIK, J.)