1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Writ Petition No.5501/2010 Mehekar Machhimar Sahakari Society Vs. The State of Mah. and another. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. N. N. Mothghare, Adv. for the petitioner. Mr. Kankale, AGP for respondents 1 to 4. CORAM : B.P. DHARMADHIKARI, J. NOVEMBER 15, 2010. Heard Advocate Kankale for the petitioner and AGP Kankale for respondents 1 to 4. The trial Court on 14.6.2010 passed orders and directed respondents-defendants to maintain status quo. In other words, respondents were restrained from calling fresh tenders for allotment of fishing lease on water tank. The respondents approached Principal District Judge, Buldana in MCA No. 27/2010 and vide judgment dated 30/10/2010 that appeal has been allowed. 2 Advocate Mothghare contends that orders passed by the trial Court were under Section 151 and appeal under Section 43 Rule 1 of CPC was not maintainable. He further states that as per Government policy if petitioner could not carry out fishing activities for some period on account of grant of stay, the petitioner is entitled to extension and hence suit is filed for that purpose. All relevant materials are looked into by Principal District Judge. The orders are of restraining nature and the trial Court has not specified that it has exercised jurisdiction under Section 151 of CPC and the application at Exhibit 15 as moved by the petitioner before the trial Court did not mention either Order 39 or Section 151 of CPC. Looking to these facts, I am not inclined to interfere with the matter in writ jurisdiction. The 3 petition is therefore dismissed. Further proeedings in Regular Civil Suit No. 149/2009 filed by petitioner are expedited and Joint Civil Judge, Senior Division, Buldana is directed to decide the same at the earliest. JUDGE Ambulkar.