wp10347.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 10347 OF 2010 Arun s/o Ankush Nawale & another .. PETITIONERS VERSUS Indubai Kisan Warale .. RESPONDENT Mr. V.S. Bedre, advocate for the petitioners. Mr. S.S. Kotkar, advocate holding for Mr. N.V. Gaware, advocate for the respondent. ===== CORAM : R.M. BORDE, J. DATE : 27 th JANUARY, 2011 PER COURT : 1 While rejecting the application tendered by the petitioner under section 10 of the Code of Civil Procedure, the trial court has made clear that the suit is being proceeded only for consideration of application for grant of interim relief. The court, from the tenure of the order, did not intend to proceed further in the suit for consideration of the prayers made by the plaintiff on merits. In this view of the matter, no interference is called for at this stage. The petitioner, however, shall have liberty to make suitable request to the court, in the event, the trial court decides to proceed further wp10347.10 2 with the suit for consideration of the merits of the controversy. The court shall consider the request for staying further proceedings in the suit, if made by the plaintiff at appropriate stage, without being influenced by the earlier order of rejection passed by the court on 16-9-2010 below exh. 23 in Regular Civil Suit no. 16/2010. With these observations, the petition stands disposed of. ( R. M. BORDE ) JUDGE dyb