(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 9736 OF 2010 Sayed Mehmood Ahmed s/o. Sayed Nasar, .. Petitioner Aged : 50 years, (Original appellant Occupation : Agriculture, and applicant) R/o. Basmath, Taluka : Basmath, District : Hingoli. versus 1. Shaikh Farukh s/o. Shaikh Mohammad, Aged : 42 years, Occupation : Advocate, R/o. Ashok Nagar, Basmath, Taluka : Basmath, District : Hingoli. 2. Javedkhan s/o. Issaquekhan Pathan, Aged : 34 years, Occupation : Agriculture, R/o. Ashok Nagar, Basmath, Taluka : Basmath, District : Hingoli. 3. Sayed Abrar s/o. Sayed Mohammad, Aged : 40 years, Occupation : Service, R/o. Ashok Nagar, Basmath, Taluka : Basmath, District : Hingoli. (2) 4. Shaikh Fahim s/o. Shaikh Janimiya, Aged : 30 years, Occupation : Business, R/o. Ashok Nagar, Basmath, Taluka : Basmath, District : Hingoli. 5. The Municipal Council, .. Respondents Basmath, through its (Nos.1 to 4 - Chief Officer, Basmath, Original plaintiffs District : Hingoli. & Nos.5 and 6 - 6. The Maharashtra State Electricity Original defendant Power Generation Company, Nos.1 and 2 in Sub-Division, Basmath, R.C.S. No. 85 of through its Assistant Engineer, 2010) Basmath, Dist. : Hingoli. ***************** Mr. S.S. Choudhari, Advocate, for the petitioner. Mr. A.B. Dhongade, Advocate, for respondent nos.1 to 4. Respondent no.5 served (Absent). Respondent no.6 served (Absent). ***************** (3) CORAM : B.P. DHARMADHIKARI, J. DATE : 19TH JANUARY 2011 COURT'S ORDER : 1. After rejection of application made by the petitioner, under Order I Rule 10 of the Code of Civil Procedure, 1908, the trial court granted temporary injunction in favour of the plaintiff. The petitioner attempted to file appeal under Order XLIII Rule 1(r) of the Code of Civil Procedure by seeking leave. That leave has also been rejected. Rejection of that leave is subject matter of challenge in the present petition. 2. In view of the orders passed in Writ Petition No. 9756/2010, challenge in the present petition is rendered infructuous. 3. Hence, the petition is disposed of as having become infructuous. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp9736