1 WP 9190.2011 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9190 OF 2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders ................................ CORAM : S.V.GANGAPURWALA, J. DATE : 30/11/2011. Mr. N.B.Patil, Asstt. Govt. Pleader for State. Mr. U.B.Bondar, Advocate for Resp. No. 1. ............................. PER COURT : 1. The present petition is filed by the State against the order passed below Exh. 5 restraining the present petitioners from causing obstruction to the plaintiff in excavating the sand. The said order is passed under Order XXXIX Rule 1 & 2 of the Code of Civil Procedure [ For short, ‘ the Code ’ ]. In such circumstances, in view of Order XLIII Rule 1 ( r ) of the Code, Appeal lies. 2. In light of the above, the Writ Petition is disposed of with the liberty to the petitioner to file Appeal before the appropriate forum. The forum where the Appeal is being filed, 2 WP 9190.2011 would take into consideration the time spent in prosecuting the present Writ Petition. No costs. [ S.V. GANGAPURWALA,J. ] KNP/WP 9190.2011