1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 50 OF 2008 WITH CIVIL APPLICATION NO. 55 OF 2008 Mr. Uday Patil ....Appellant Versus Mrs. Harini Ramesh Shetty ....Respondent Mr. Uday P. Warunjikar for the Appellant. Mr. Rahul Karnik i/b. Mr. G. K. Tripathi for the Respondent. CORAM : R. V. MORE, J. DATED : 7th JULY, 2009. P.C. This appeal is filed by original defendant challenging the order of temporary injunction restraining him from creating third party interest in the suit property, during the pendency of the suit. A common statement is made by both the learned Counsel that hearing of the Special Civil Suit No.505 of 2007 is commenced and already two witnesses have been examined. In this peculiar facts, both the learned Counsel agrees that no purpose will be served by entering into merits of the matter. The Appeal from Order is accordingly, disposed of. 2. The learned Trial Judge, however, shall decide the said suit independently on its own merit and without being influenced by the order impugned in the present Appeal from Order. 2 4. In view of the disposal of the Appeal from Order, the Civil Application No.55 of 2008 will not survive and therefore, the same is disposed of. sd/- (R. V. MORE, J.)