1 ao46 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO.46 OF 2011 Murtuza Ahmed Abdul Gafoor Shaikh & Anr. ...Appellants vs. Mumtaz Ahmed Shaikh Mohammed Shahik ...Respondent Mr.Bhavesh Parmar i/b Ms Sandhya Mailagir, Dovrnani Shukla and Jatin Sheth for the appellants Ms Usha Tiwari for the respondent CORAM : A.S.OKA,J. DATE : FEBRUARY 14,2011 P.C.: 1 Heard learned counsel for the appellants (original defendants). The learned counsel for the appellants submitted that though in view of Judgment and Order dated 29th September 2010 in C.R.A.no. 212 of 2010, the order passed on the earlier notice of motion taken out by the respondent-plaintiff stands set aside, a prima facie finding has been recorded that the injunction granted on earlier notice of motion still continues to operate. He submitted that he is not challenging the final order dated 14th December 2010 but he is challenging the aforesaid observation made therein. 2 It is obvious that the observations made in the impugned order are only tentative and prima facie observations and all questions on merits of the suit remain open. 3 Subject to above clarification, no case for interference is made out. Appeal is dismissed. Civil application no.63 of 2011 does not survive and the same is disposed of. JUDGE