1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO.25 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s Orders Mr.N.V.Gaware, learned counsel for appellants Mr.S.D.Kulkarni, h/f. Mr.D.B.Roade, learned counsel for respondent no.1 Mr.S.N.Gaikwad, learned counsel for respondent no.2 (CORAM : A.V.POTDAR, J.) DATE : 18th MARCH 2010 By the present AO, the appellants have challenged the order passed below Exh.5 in Spl.C.S.No.29/2009 on the file of C.J.S.D. Shrigonda, Dist. Ahmednagar, by which the application for temporary injunction, filed by the 1st respondent was allowed in the terms, not to alienate the suit property/subject matter of the suit, during the pendancy of the suit. The present appeal is filed by 2 appellants, out of which appellant no.2 is not a party before the Trial Court either as a plaintiff or as a defendant. On my query, it is 2 informed that the appellant no.2 has already moved an application before the Trial Court to add him as a party defendant to the suit which application is still subjudiced. In view of this, this Court is of the view not to interfere in the order passed below Exh.5 at this juncture in this AO, but the AO to be disposed of with a directions that the application filed by appellant no.2 before the Trial Court to be decided in accordance with Law on the adjourned date. The parties are at liberty, if some adverse order is passed by the Trial Court, which will adversely affect their interest, then to move this Court by AO. Accordingly this AO stands disposed of. (A.V.POTDAR, J.) khs/MAR 2010/ao25-10