P. C. :- Heard respective counsel.

2. Rule. By consent, Rule made returnable forthwith and the petition is taken up for final hearing.

3. This petition takes an exception to the judgment and order passed by the learned IV Ad-hoc Additional District Judge, Aurangabad in Misc. Civil Appeal No. 149 of 2005, dated 3-9-2005.

4. The petitioner is the plaintiff and respondent is the defendant in Regular Civil Suit No. 108 of 2005. The suit was filed for perpetual injunction. The suit has been followed by an application Exhibit 5 for temporary injunction against defendant under Order XXXIX, Rules 1 and 2 of Civil Procedure Code (CPC). The learned Joint Civil Judge J.D. Paithan, initially i.e. on 16-6-2005 directed adinterim injunction against defendant. Show cause notice with ad-interim injunction was made returnable on 24-6-2005. This application, after hearing the parties, came to be rejected by the trial Court on 16-8-2005. Ad-interim order passed earlier stood vacated. This dismissal of the application Exhibit 5 was challenged by filing Misc. Civil Appeal, which came to be dismissed, after hearing the parties. Said order is questioned in this writ petition.

5. It is alleged by the plaintif

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