**1** IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.4477/2009 Prakash Murlidhar Tejale. ....Petitioner -VERSUS- Subhash Murlidhar Tejale and others. ....Respondents ........... Mr.M.M.Sathaye, Advocate for the Petitioner. Mr.Sandeep D. Shinde, Advocate for the Respondents Nos.1 & 2. ........... CORAM : A.S. OKA, J. Dated 14th October, 2009. P.C. : 1 Heard the learned counsel appearing for the Petitioner and the learned counsel appearing for the Respondents Nos.1 and 2. 2 The grievance of the Petitioner is that though the application made by the Petitioner at Exhibit-20 in appeal preferred by him was ordered to be heard while deciding the appeal, the said application has not been considered. The Appeal preferred by the Petitioner has been finally decided and the same has been partly allowed. The Appellate Court has set aside the order of temporary injunction passed by the Trial Court on 17th June, 2008 except the relief granted relating to the electricity and water supply. 3 After the appeal is decided, now no purpose will be served by directing the Appellate Court to decide the application at Exhibit-20. It is open for the Petitioner to take out appropriate application before the Trial Court for claiming relief claimed in the application at Exhibit-20. 4 The learned counsel for the Petitioner submits that the **2** Petitioner has also filed another suit and the same be ordered to be heard along with the suit which is subject matter of the this Writ Petition. This prayer will have to be made by way of appropriate proceedings. 5 Subject to the aforesaid observations, no case is made out for interference. Writ Petition is rejected. [A.S. OKA, J.] kps