1 wp2920.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2920 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. R.S. Sarvadnya, Advocate for the petitioners. CORAM : B.P. DHARMADHIKARI, J. DATE : 19TH APRIL, 2011 Learned counsel has urged that the respondent- plaintiff filed an independent suit to protect the suit property during pendency of Appeal no. 50 of 2010 preferred by her at Poona. According to him, such suit is not tenable. Perusal of application on which the impugned order is passed does not reveal this as ground for seeking preliminary issue. Learned counsel contends that this being the question of law, writ Court can look into it. I am not inclined to go into any question which was not raised before the trial Court. Order of trial Court is passed on all together different grounds. 2. I am not inclined to interfere in the present Petition. 2 wp2920.11 Hence, with liberty to the petitioner to make appropriate application before the trial Court, present Writ Petition is rejected. No costs. (B.P. DHARMADHIKARI) JUDGE gas/wp2920.11