1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1658 OF 2009 Abdul Jabbar Shaikh and ors. ..Appellants. Vs. Sahebrao Yadav Torne and ors. ..Respondents. Mr. M. Mugim Khan for the Appellants. Mr.A.P.Kulkarni for the Respondents. CORAM :R.S.MOHITE, J. DATE : 12th January, 2010 P.C. . This is an appeal filed by the appellants impugning a judgment and order dated 24.7.2002 passed by the City Civil Court in S.C. Suit No.635 of 1999. They have raised an objection in obstruction proceeding at the stage of execution of the decree but since their claim was based upon the tenancy said to have been created by some of the defendants, obstruction notice has been rejected. It is brought to my notice that the present appellants have also filed subsequent suit being S.C. Suit No.1325/2008 in the City Civil 2 Court to agitate their own rights. The said suit was filed prior to the raising of the objection. In such situation, in my view, the first appeal should not be entertained. The appellants are at liberty to adjudicate their rights, if any, in their suit since they were not parties to the suit filed by the original plaintiff. Since the suit was filed prior to the raising of an objection, the said suit will be decided on its own merits. In this view of the matter, first appeal is dismissed. Ad interim stay granted earlier to continue for a period of two weeks from today. (R.S.MOHITE, J.)