1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATEJURISDICTION WRIT PETITION NO. 5936 OF 2011 Shri Harishchandra Posha Mhatre through his Legal Heirs ...Petitioners Versus Milan Hari Mhatre & Others ...Respondents Mr.S.G.Kudle for the Petitioners CORAM:- R.Y.GANOO, J. DATED:- 15th SEPTEMBER, 2011. P.C. 1. Respondent no.1 herein filed Regular Civil Suit No.86 of 2007 in the Court of learned Civil Judge, Junior Division, JMFC at Uran. The respondent no.1 filed an application below Exhibit 5 for interim relief. That application has been granted by the learned trial Judge by order dated 20th December, 2007. Harishchandra, who was the original defendant no.1 had filed appeal, namely Civil Misc. Appeal No.12 of 2011. Learned Advocate Mr. Kudle submitted that before the learned District Judge in Civil Misc. Appeal No.12 of 2011, heirs 2 of original defendant no.1 Harishchandra, who was the appellant have now been brought on record. 2. Learned Advocate Mr. Kudle admitted that said Civil Misc. Appeal No. 12 of 2011 is pending. By this petition, the petitioners want that impugned order dated 20th December, 2007 should be quashed and the interim relief cannot be granted. Entire matter is pending before the learned District Judge in Civil Misc. Appeal No. 12 of 2011. The Civil Misc. Appeal was filed in the year 2008 and it was not numbered till 2011, may be for diverse reasons. 3. In my view, it would not be proper at this stage to direct the learned District Judge to hear and dispose of the Civil Misc. Application No. 12 of 2011 expeditiously . Despite this observation it will be open for the petitioners to move the learned District Judge and apply for giving priority to hearing of Civil Misc. Appeal No.12 of 2011. The above petition stands disposed of in above terms with no order as to costs. (R.Y.GANOO, J.)