Ashok Jamsing Patil v. Atmaram Vithal Thorat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) LPA NO.200/2011 908 LETTER PATENT APPEAL NO. 200 OF 2011 WITH CA/6348/2011 IN LPA/200/2011 Ashok Jamsing Patil, Age 45 years, Occu. Agril., r/o Kalyane, Taluka Dharangaon, District Jalgaon.

...APPELLANT

VERSUS

Atmaram Vithal Thorat, Age 58 years, Occu.Agril.

r/o Kalyane Khurd, Taluka Dharangaon, District Jalgaon.

...RESPONDENT ...

Advocate for Appellant :Mr. Patil Vijay B.

...

CORAM : R. M. BORDE & P.R. BORA, JJ.

Dated: June 09, 2015 ...

PER COURT :- 1.

In this Letters Patent Appeal challenge is raised to the order passed by the learned Single Judge while dealing with Writ Petition No.3264/2011, decided on 28th April, 2011. An application tendered by the plaintiff seeking an order of temporary injunction was considered favourably at an appellate stage, and further challenge to the said order in a writ petition presented by the defendant has failed.

2.

In all probabilities, the suit presented in 2008 must have been disposed of. Even otherwise, since the order of agp/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) LPA NO.200/2011 temporary injunction is operative since 6th April, 2011, i.e. the date of decision rendered by the District Court, we do not propose to cause interference in the instant Letters Patent Appeal. The Letters Patent Appeal, as such, stands dismissed. Pending Civil Application stands disposed of.

( P.R. BORA, J. ) ( R. M. BORDE, J. ) ...

agp/-