1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.770 OF 2009 Sou.Kshama Prakashrao Kohak through Power of Attorney holder Shri Prakash Vishwasrao Kohak ..Appellant V/s. Shri Banda Bapu Patil & Ors. ..Respondents ---- Mr. Y.A.Sakhare i/by M/s.YKS Legal for the appellant. ---- Coram : R.S.MOHITE,J Date : 10th August, 2009. PC 1 This is an appeal filed by the original defendant no.1 impugning an order of the appellate Court dated 29.4.2009 setting aside the judgment and decree passed by the Civil Judge, Junior Division, Peth-Vadgaon in R.C Suit No.288/2000 on 11.3.2004 and remanding the matter for deciding afresh by giving an opportunity to defendant nos.1 to 10 to lead evidence. While remanding the matter, the defendants were restrained from causing any sort of obstruction and interference in plaintiffs’ possession and enjoyment of the suit property till the final disposal of the suit. It is admitted by the Advocate for the appellant that there was an ad-interim relief of injunction pending the suit and the same was confirmed by the trial Court. The appellate Court has given only an order of status-quo which is in effect means that injunction was continued. In these circumstances, I find that 2 there is no mistake in continuing the interim order which was operating pending the fresh disposal. The only clarification is given is that any finding in the appellate Court’s order will not bind the trial Court as the finding is a prima facie finding particularly since defendants have been given opportunity of leading further evidence. Appeal from Order summarily stands dismissed subject to the aforesaid direction. (R.S.MOHITE,J) 3