1 ao164 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO.164 OF 2011 Vijay Jay Prakash Jaiswal ...Appellant vs. Slum Rehabilitation Authority and others ...Respondents Mr.R.A.Yadav for the appellant Mr.D.A.Nalawade for the respondent no.1 Mr.Kishore Jain i/b Tushar Goradia for respondent no.4 CORAM : A.S.OKA,J. DATE : MARCH 16,2011 P.C.: 1 Heard learned counsel for the parties. It is not in dispute that in the appeal bearing no.973 of 2010 preferred by the appellant before the Commissioner and Administrator, Konkan Division, there is an interim order passed directing the parties to maintain status quo in respect of the subject matter of this Appeal. The appellant is prosecuting the said appeal in which the prayer made in substance is the same as the prayer made in the Notice of Motion filed before the trial Court. As the appellant is prosecuting the said appeal and the appellant has been protected in the said appeal, it is not necessary to interfere with the discretionary order passed by the trial Court by which interim injunction has been refused. Appeal is accordingly not entertained and the same is dismissed by keeping all contentions of the parties on merits of the pending appeal open. 2 The Appellate Authority will proceed with the appeal notwithstanding the pendency of the suit filed by the appellant. 3 Civil application no.246 of 2011 does not survive and the same is disposed of. JUDGE