IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4885/2008 Abdul Rehman Mahmujdmiya & Ors. Petitioner Vs. Bashir Ahmed Gulam Mohammaed Mulla Respondent Amar Khayam Shaikh i/b Wajid Shaikh advocate for the petitioners Jayant Gaikwad advocate for the respondent Coram : A.M.Khanwilkar,J. Date :11.7.2008 P.C. 1] Heard counsel for the petitioner. Even if there is some substance in the grievance of the petitioner that the document which was not relied before the lower court or not proved during the trial has been relied for the first time before the appellate court and made the basis for grant of interim relief , however, no interference is warranted having regard to the limited nature of interim relief granted under the impugned order . Besides , the lower court has already indicated that appeal will be heard on priority basis to be listed in June, 2008 . 2] It will be open to the petitioner to agitate before the Court below that the documents referred to in the impugned order cannot be reckoned for deciding the point in issue as the same has not been 2 proved and not admissible in evidence. All questions will be decided on merit by the appellate Court. 2] Needless to observe that if the respondent makes application for amendment of pleading or to lead additional evidence, that application will have to be decided on its own merits in accordance with the law uninfluenced by the observations made in the present order. 3] This petition is disposed of with direction to the District Judge-2 ,Raigad, Alibaug , to take the civil appeal no.83/2002 on priority basis and to ensure that the same is finally disposed of not later than December,2008 . All the questions are left open. (A.M.Khanwilkar,J.)