2906wp1630.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR W.P.NO.1630 of 2011 Mangala S.Dharpure ..vs.. Indira V.Bannagare and ors. ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr.A.V.Muley, Adv. for the petitioner. Mr.Jasutkar, Adv. for the respondents 1 to 3. CORAM : R.M.SAVANT, J. DATED : 29th June, 2011. The order impugned in the present petition is one passed under Order 39 Rule 11(2) of the Civil Procedure Code. Against the said order, an appeal under Order 43 of the Civil Procedure Code would lie. Hence, the above petition is not maintainable and the petitioner is allowed to withdraw the above petition with liberty to file the Appeal. In the event there is delay in filing the Appeal, the fact that the petitioner was prosecuting the instant petition would be taken into consideration by the concerned court. The petitioner would also be entitled to apply for the relief that he is praying for in the instant petition before the Appellate Court, as it is the case of the petitioner that inspite of the injunction granted, the respondents no.1 to 3 herein have sold the property in question. If that be so, if such an application is filed, the same would be decided on its own merits and in accordance with law. Writ petition is accordingly disposed of. JUDGE chute 2906wp1630.11.odt 2