Namdev Daulatrao Suryawanshi And ... vs Sanjay Raghunathrao Matlakute ...
2021 Latest Caselaw 2835 Bom

                                                                       8960-2019-CA.odt


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD

                         CIVIL APPLICATION NO.8960 OF 2019
                                   IN SA/430/2019

Namdev s/o Daulatrao Suryawanshi and another                         ... Applicants

          Versus

Sanjay s/o Raghunathrao Matlakute                                    ... Respondent

                                 ..........
Mr. S. K. Chavan, Advocate for applicants.
Mr. K. P. Rodge, Advocate for respondent.
                                 ..........

                                    CORAM        : SMT. VIBHA KANKANWADI, J.

                                    DATE         : 11th February, 2021

ORDER :-


.         Present application has been filed for injunction.


2.        Heard both sides.

3. The applicants/ appellants in both cases are Plaintiffs' in Regular

Civil Suit No. 364 of 2006 which came to be dismissed on 16.09.2011. It

was filed for declaration and injunction. The Regular Civil Appeal No.

102 of 2011 challenging the said judgment and decree before the

learned Principal District Judge, Parbhani came to be dismissed on

08.05.2019. There is no evidence produced by the applicants that they

had sought interim injunction throughout both the proceedings and

8960-2019-CA.odt

even after the pronouncement of judgment and decree passed by the

learned First Appellate Court. Under such circumstance, no case is made

out for grant of injunction during the pendency of second appeal.

Second appeal is admitted, but that will not give applicants a right to get

temporary injunction. Hence, application stands rejected.

[SMT. VIBHA KANKANWADI, J.]

scm