Iraba Babrao Ladekar v. Sheshabai Maroti Dphade And Others

1 WP / 6306 / 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 943 WRIT PETITION NO.6306 OF 2022 IRABA BABRAO LADEKAR

VERSUS

SHESHABAI MAROTI DAFADE AND OTHERS ...

Advocate for Petitioner : Mr. Kolhare S.R.

...

CORAM

: MANGESH S. PATIL, J.

DATE : 7 JULY 2022 PC :

Heard learned advocate for the petitioner.

2.

The petitioner is aggrieved by rejection of his application by the trial court seeking an ad interim exparte temporary injunction restraining the respondents - defendants from creating any third party interest in the suit property.

3.

Learned advocate for the petitioner submits that since his application was rejected by the order under challenge in this writ petition, the respondent has already sold the suit property to respondents no. 2 to 5. Subsequently, the plaint has been amended. Respondents no. 2 to 5 have been arrayed as defendants. 4.

Going by the relief being claimed in the application for temporary injunction (Exhibit - 5), the petitioner was merely seeking a temporary injunction restraining the respondent no. 1 from alienating the suit property. On the petitioner's own showing, the prayer has

2 WP / 6306 / 2022 become infructuous, she having sold the suit property to rest of the respondents.

5.

In view of such peculiar state-of-affairs, there is no substance in the petition. It is dismissed.

[ MANGESH S. PATIL ] JUDGE arp/