1 AOST 27440 OF 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST) NO.27440 OF 2010 Akbar Jafar Patil .. Applicant -versus Nazir Jafar Patil and ors .. Respondents. Mr. Rahul S. Kate, for the applicant. Mr. P. B. Gujar, for respondent Nos 1 to 4. CORAM: A. S. OKA, J. DATED: 13th April, 2011 P.C. 1. By this appeal, original plaintiff has challenged the order dated 8th December, 2009, passed by the learned trial Judge by which application made by the appellant original plaintiff for grant of temporary injunction has been partly allowed. First prayer in the said application was that fourth respondent should be restrained from interfering with the joint possession of the appellant over the suit property and the second prayer was for injunction restraining fourth respondent from creating third party rights. 2. By the impugned order second prayer has been granted. 3. After hearing learned counsel appearing for the parties I find that no case for interference at this stage is made out. There was no ad interim relief granted in favour of 2 AOST 27440 OF 2010 the appellant in terms of the first prayer in the application at Exh.5. Application at Exh.5 was filed on 30th April, 2009. The appellant has been partly protected by the impugned order. 4. There is no reason to interfere with the discretionary order passed by the trial Court. The appeal is accordingly dismissed. It is made clear that all the contentions of the parties on merits of the suit are kept open and the suit will be decided on its own merits. The trial Court shall make endeavour to conclude the trial before the end of year 2011. 5. Civil Application (ST) No.27441 of 2010 does not survive and the same is disposed of. (A.S. OKA, J.)