DATTAPPA S/O LAKSHMAN BANDIWADAR, ADVOCATE AND AGRICULTURE Vs. RAMAPPA S/O BHEEMAPPA BANDIWADAR SHAMU S/O YELLAPPA BANDIWADAR, OCC: BOTH AGRICULTURE

JUDGEMENT

(1.) HEARD the learned Counsel for the Petitioner and perused the writ petition papers.

(2.) PETITIONER is the first Defendant in a suit instituted by the first Respondent ie., O.S. 281/2009 on the file of the Civil Judge, Junior Division, Sindagi. The Petitioner by filing written statement has contested the Plaintiffs claim to the suit property. I.A. No. 1 filed by the Plaintiff seeking an order of injunction, though was objected, after hearing both sides the Trial Court has passed an order of temporary injunction against the Petitioner. The said order continues to operate as on date, since the same has remained unchallenged. However it is to be noted that the Petitioner is stated to have filed application under Order 39, Rule 4 of Code of Civil Procedure for vacating temporary injunction.

(3.) THE first Respondent/Petitioner is an Advocate. An order of temporary injunction has been passed after hearing the Petitioner. The said order has not been questioned by filing miscellaneous appeal. In the circumstances, the order passed on IA. No. 6, impugned herein, is neither irrational nor illegal. Hence no interference is called for.