Alka Suresh Kahandare And Another v. Gorakh Shivaji Akhade And Others

ca3054-14 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3054 OF 2014 IN FIRST APPEAL NO.595 OF 2014 Alka Suresh Khandare & Another APPLICANTS

VERSUS

Gorakh Shivaji Akhade & others RESPONDENTS .......

Mr.R.S.Deshmukh with Mr.A.R.Joshi, Advocates for the applicants Mr.R.L.Kute, Advocate for the respondent No.1 .......

[CORAM : M. T. JOSHI, J.] DATE : 18 th FEBRUARY, 2015 ORDER :

1.

Heard both the sides.

2.

Learned advocate for the applicants submits that in fact during the pendency of the suit, injunction was running, however, at paragraph No. 26 of the judgment we have definite finding of the trial court.

3.

Considering the material on record and specifically in view of the finding of learned trial court, it is not a fit case for grant of an injunction restraining the respondent from alienating suit land, as the provisions of lis-pendens would take care of the same.

4.

Civil application accordingly stands disposed of. [M. T. JOSHI, J.] drp/B14/ca3054-14