1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.3846 OF 2009 Dayanand Jaiwant Pate ...Petitioner vs. Savleram @ Kavde and others ...Respondents Shri R.D.Soni with Mr.Vipin Kasale i/b M/s. Ram and Company for the petitioner CORAM :A.S.OKA,J. DATE : JANUARY 7, 2010 P.C. 1 Heard the learned counsel for the petitioner. The petitioner is challenging the order dated 20th March 2009 passed by the trial Court by which police aid has been ordered to be granted for enforcement of the order of temporary injunction granted by the trial Court in favour of the 1st respondent-plaintiff. The present petitioner is defendant no.2 (b). The submission of the learned counsel for the petitioner is that under the garb of obtaining police protection for enforcing the order of temporary injunction, the 1st respondent wants to dispossess the petitioner. The learned counsel for the petitioner pointed out that against the order of granting temporary injunction the petitioner has preferred an Appeal. The said Appeal has been dismissed for non prosecution and the application made by the petitioner for restoration of the Appeal is pending. 2 2 I have considered the submissions. So long as the order granting temporary injunction is operating, it is not possible to find fault with the order passed by the trial Court by which police aid has been granted for enforcement of the said order. The application for restoration of the Appeal is pending. This Court by order dated 18th June 2009 has granted a limited ad- interim relief in favour of the petitioner. Remedy of the petitioner is to apply for appropriate interim relief before the Appellate Court. Though the petition cannot be entertained on merits, for sufficiently long time ad- interim relief can be extended to enable the petitioner to take appropriate steps before the Appellate Court. 3 Hence, I pass the following order : i)Writ Petition is rejected. ii) Rejection of the petition will not preclude the petitioner from making an application for grant of appropriate interim relief before the Appellate Court. iii)All contentions in that behalf are expressly kept open. iv)To enable the petitioner to take appropriate steps, ad-interim relief granted on 18th June 2009 will continue to operate for a period of 8 weeks from today. JUDGE