lpa13.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD LETTERS PATENT APPEAL NO. 13 OF 2011 Mir Jabbar Ali s/o Mir Ahmed Ali .. APPELLANT VERSUS Shri Khadkeshwar Mandir Sansthan Trust Aurangabad & others .. RESPONDENTS Mr. S.P. Deshmukh, advocate holding for Mr. M.G. Deokate, advocate for the appellant. ===== CORAM : D.B. BHOSALE & R.M. BORDE, JJ. DATE : 7 th FEBRUARY, 2011 PER COURT : 1 Heard learned counsel for the appellant. 2 By this Letters Patent Appeal, the appellant has impugned the order passed by the learned Single Judge dated 22nd October, 2010, in Writ Petition no. 1619/2010 by which the order dated 26th November, 2009, passed by the trial court, rejecting the application moved by the appellant for enquiry in terms of section 340 of the Code of Criminal Procedure, had lpa13.11 2 been upheld. 3 We have perused the impugned order so also the judgment of the Apex Court in the matter of Iqbal Singh Vs. Meenakshi reported in 2005(3) Mh.L.J. 540. We are satisfied that the application filed by the appellant under section 340 of the Code of Criminal Procedure was pre-mature and he ought to have waited till conclusion of the appeal. Learned Single Judge has rightly rejected the writ petition for the reasons recorded in the order. We find no merit in the appeal. The appeal therefore is dismissed. 4 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) ( D.B. BHOSALE ) JUDGE JUDGE dyb