: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.81 OF 2010 Vasant Keraba Wajkos & Ors. ... Appellants V/s. Prataprao Ganpati Shinde & Ors. ... Respondents Mr.N.J. Patil for Appellant Mr.S.S. Patwardhan for Respondent Nos.1 to 4 CORAM: SMT.NISHITA MHATRE, J. DATED: FEBRUARY 8, 2010 P.C.: 1. The grievance of the appellants is that the order dated 29.10.2009 passed by the Adhoc District Judge, Kolhapur has been passed on an erroneous ground. The appellate Court has while considering that the appellants’ prayer sought below exhibit 52 for interim relief should be granted has observed that the appellants had filed an application at exhibit 38 for a temporary injunction which was not pressed by the appellants. 2. This observation of the learned Judge is unfounded and a bare perusal of exhibit 38 indicates that it has been filed by the respondents seeking an injunction against the appellants from disturbing their possession of the suit property. 3. The impugned order is therefore set aside and the matter is remanded to the : 2 : appellate Court. The appellate Court is directed to consider exhibit 52 on merits. All contentions of the parties are left open. 4. In view of the disposal of the appeal from order, Civil application No.157 of 2010 does not survive and the is disposed of accordingly.