1 ao-489.10 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 489 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Tejas Joshi with Ms Alpana Ghore i/by M/s. Shaunak Satpute & Co. for the Appellants. Shri Chetan Kapadia i/by Kishore Thakordas & Co. for the Respondents. -- CORAM : A.S.OKA, J. DATE : 18TH MARCH, 2011 P.C.: . Heard learned counsel appearing for the Appellants. The submission of the learned counsel appearing for the Appellants is that after recording a clear prima facie finding that the partition has not been effected between the parties and shares of the parties have not been determined finally, the Trial Judge ought to have granted temporary injunction. 2. It is not in dispute that as of today, the Appellants are protected by an order of status quo dated 24th August, 2010 passed in Notice of Motion No.266 of 2010 in Suit No.235 of 2010 pending in this Court on the Original Side. Moreover, the Appellants have filed a substantive 2 ao-489.10 suit being Suit No.2517 of 2010 in this Court in which a Notice of Motion for injunction has been taken out by them. The said Notice of Motion for injunction is pending before this Court. 3. Considering the fact that by the aforesaid order in Notice of Motion No.266 of 2010 the Appellants are protected for the time being and the Notice of Motion taken out in a substantive suit filed by the Plaintiff is pending, no case is made out for interference with the discretionary and equitable order passed by the Trial Court. 4. It is obvious that notwithstanding the impugned order, it will be open for the Appellants to prosecute the Notice of Motion pending in this Court. 5. Subject to what is observed above, the Appeal from Order is dismissed with no orders as to costs. 6. It is made clear that all the contentions of the parties on merits of the pending suit in the City Civil Court as well as the suits pending in this Court are kept open. 3 ao-489.10 7. Civil Application No.634 of 2010 does not survive and the same is disposed of. ( A.S.OKA, J )