1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4695 OF 2009 Baby Peter Patole & others .. PETITIONERS VERSUS Ahmednagar Municipal Corporation & others .. RESPONDENTS Mrs. C.S. Deshmukh, advocate for the petitioner. Mr. S.P. Shah, advocate for respondent no. 1. CORAM : R.M. BORDE, J. DATE : 31 st AUGUST, 2010. PER COURT : 1 Interlocutory order passed by the District Judge -1, Ahmednagar below exh. 5 in Misc Civil Application no. 45/2009 is subject matter of challenge in this petition. The district court is stated to have entertained the appeal presented by the respondents and granted stay to the execution of the decree passed in Special Civil Suit no. 182/2003 dt. 18-7-2007 until 2 appearance of the respondents in the said appeal i.e. petitioner in the instant petition. 2 It is pointed out by learned counsel for the petitioner that the appeal presented by the respondents before the district court was beyond limits of pecuniary jurisdiction of the said court and as such objection was raised in that behalf which was considered in Writ Petition no. 147/2010 presented before this court. The petition presented by the petitioner herein came to be allowed and the objection in respect of entertainability of the appeal raised by the petitioner was upheld and this court has directed the District Judge to remit the appeal to this court and the appeal is stated to be pending. 3 Even otherwise, the interim order passed by the district court was enforceable until appearance of the respondents. In view of transfer of matter from district court to this court, the respondents may have to present appropriate application in the pending appeal before this court. The order passed by the district court on 26-2-2009 is no more enforceable. The petition can be disposed of by granting leave to the respondents to present appropriate application in the pending appeal. Petition accordingly stands disposed of. 3 4 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb/wp4695.09.odt