1 AO 77 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.77 OF 2011 Mahendra Salvi .. Appellant -versus Sushila Khaire .. Respondents. Mr. Anil S Gawas, for the appellant. CORAM: A. S. OKA, J. DATED: 13th April, 2011 P.C. 1. Heard learned counsel appearing for the appellant who is original defendant. By the impugned order, temporary injunction has been granted restraining the appellant from disturbing the possession of the respondent-plaintiff. Learned counsel appearing for the appellant pointed out that the appellant was forcibly dispossessed and in fact now appellant has filed a suit for possession of the suit property. 2. The impugned order proceeds on the admitted position that the respondent plaintiff is in possession. The impugned order does not prevent the appellant from adopting due process of law for obtaining possession of the suit premises. Now the appellant has adopted due process of law. Appellant can always apply for appropriate relief in the suit filed by him. 2 AO 77 OF 2011 3. Subject to what is observed above, no case is made out for interfering in the impugned order passed by the trial Court. Appeal from Order is accordingly dismissed with no orders as to costs. 4. Hearing of the suit is expedited. All contentions of the parties on merits of the suit are kept open and suit will be decided on its own merit. 5. Civil Application No.112 of 2011 does not survive and the same is disposed of. (A.S. OKA, J.)