1 WP 5970.2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5970 OF 2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.S.S.Wagh, Advocate for the Petitioner. ............................ CORAM : S.V. GANGAPURWALA, J. DATE : 10/08/2011 PER COURT : 1. The petitioner has filed Suit along with an application for injunction, which came to be allowed. The respondent filed an application under Order XLI Rule 5 of the Code of Civil Procedure [ For short, ‘ the Code ’ ] seeking stay of the said order for the period of one ( 1 ) month so as to enable him to prepare Appeal. The trial Court allowed the said application and stayed the order of injunction up to 22/8/2011. The said order is assailed in the present Writ Petition. 2. Mr. S.S.Wagh, the learned counsel for the petitioner submits that the Court without waiting for the Advocate of the petitioner, straight way allowed the application of the respondent. 2 WP 5970.2011 Thereafter, the present petitioner filed an application U/s 151 of the Code for recall of the said order. The said application was also rejected. According to the learned counsel, the trial Court after hearing the counsels for the rival parties, had decided application [ Exh. 5 ] on merits after being satisfied about the case put-forth by the petitioner. In such circumstances, the Court should not have stayed the said order. The learned counsel further contends that the respondent had got the certified copy on 27/7/2011 and he could have preferred Appeal. As such, granting stay for the period of one ( 1 ) month was unreasonable. There was no impediment for the respondent for immediately preferring the Appeal. According to the learned counsel, the trial court exceeded its jurisdiction while granting the application of the respondent for stay of the temporary injunction order. 3. The respondents are having apprehension of the petitioner shifting the machinery. The respondents have got right to prefer Appeal under Order XLIII (1) (r) of the Code. The Court, taking into consideration these aspects, had stayed its order for the period of one ( 1 ) month. The said order is passed on 21/7/2011. Almost 20 days are already over. The order would come to an end within ten ( 10 ) days. 3 WP 5970.2011 4. The Court has jurisdiction under Order XLI Rule 5 of the Code to stay its own order. 5. In light of the above conspectus of the matter, no error of jurisdiction is committed by the Court while passing the impugned order. 6. The Writ Petition as such is dismissed. No costs. [ S.V. GANGAPURWALA,J. ] KNP/WP 5970.2011