(1) WP. 5831.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5831 OF 2010 Tukaram S/o Kundalik Lande and anr. .. Petitioners VERSUS Bhagwat S/o Ashruba Lande .. Respondent Mr. S.G. Chapalgaonkar, Advocate for the Petitioners ... CORAM : V.R. KINGAONKAR, J. DATED : 16TH JULY, 2010 ORAL ORDER:- 1. Heard. The petitioners suffered injunction decree in Regular Civil Suit no. 154 of 2006. They applied for interim stay by filing application (Exh. 13) (R.C.A. 172 of 2009). The application has been rejected by the first appellate Court. 2. It is well settled when there is injunction decree, the remedy is not to seek interim stay before the appellate Court but if proper case is made out the appellant may seek ad-interim injunction itself. Mr. Chapalgaonkar would point out that certain (2) WP. 5831.2010 observations are made by the first appellate Court while rejecting the application for interim stay. The first appellate Court may overlook such observations if application for temporary injunction is filed in the appellate Court and shall decide such application on its own merits. With these observations, Petition is disposed of. Sd/- [V.R. KINGAONKAR, J.] arp