RAVINDRA GANESHLAL AGRAWAL Vs. NANDLAL KUNDANLAL AGRAWAL

JUDGEMENT

(1.) HEARD the matter finally by consent of the learned counsels appearing for the parties.

(2.) IN a suit for partition and separate possession, the trial court has passed an order of injunction on 18.10.2011, restraining the defendants from creating any third party interest in respect of suit property till the final disposal of the suit. In Misc. Civil Appeal No. 104/2011, the appellate court has set aside the said order and dismissed the application at Exh. 28. Hence, the original plaintiff is before this Court.

(3.) SHRI Mirza, the learned counsel appearing for respondent nos.1 to 6 has invited my attention to the order passed by the Apex Court on 23.09.2011 in Special Leave Petition challenging the decision of the learned Single Judge in case of Sadashivvrs. Chandrakant, cited supra. It is apparent that the Apex Court has made it clear that the observations made by the High Court on the merits of the case shall not prejudicially affect the final adjudication of the suit by the trial court. The case before the learned Single Judge was against the order of temporary injunction.