*1* 33.wp.8293.10.sxw skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8293 OF 2010 Shri Rajendra Baburao Lute ..Petitioner -Versus- Shri Dilip Malhari Lute & Ors. ..Respondents .......... Mr.Rahul D. Motkari for the Petitioner None for the Respondents. .......... CORAM : B.R. GAVAI, J. DATE : 21ST FEBRUARY, 2011. P.C. 1 By way of the present petition, the petitioner challenges the order dated 22nd July 2010 passed on Application Exh.4 in Civil Appeal No.89 of 2009 by the Extra Joint Ad-Hoc District Judge, Nashik thereby rejecting the application filed by the present petitioner for temporary injunction and the application be allowed. 2 The petitioner filed a suit for partition and separate possession. The same was dismissed. Being aggrieved thereby, an appeal was filed by the present petitioner. During the pendency of appeal an application came to be filed praying for restraining the defendants from alienating or *2* 33.wp.8293.10.sxw transferring or creating any third party interest in the suit property or from making any alteration in the suit property. The same is rejected. 3 The learned counsel appearing on behalf of the petitioner submits that while deciding the application for temporary injunction the learned trial Court has gone into the merits of the matter and has almost dismissed his appeal. 4 Admittedly, there was no order of injunction operating in favour of the petitioner during the pendency of the suit. In that view of the matter, I do not find that the case is made out for interfering with the order of the Appellate Court, rejecting application for temporary injunction. 5 In so far as the apprehension of the petitioner regarding the observations made by the learned Appellate Court is concerned, it is needless to state that those observations have been made at the stage of considering an application for temporary injunction and that the learned Appellate Court would not be influenced by the same while deciding the appeal on its own merits. 6 The writ petition is disposed of accordingly. [ B.R. GAVAI, J. ] *3* 33.wp.8293.10.sxw