1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 7346 OF 2008 Rabiya Sardar Shaikh ...Petitioner Versus Rajjak Vhikan Shaikh and others ...Respondents ..... Mr. A.R. Rathod, , advocate for the petitioner Mr. P.S. Pawar, advocate for respondent Nos.1 to 4 ..... CORAM: S. S. SHINDE, J. DATED: 11TH AUGUST, 2009 PER COURT:- 1 Heard learned counsel for the petitioner and the learned counsel for the respondents. 2 This petition takes exception to the judgment and order dated 16.9.2008 passed in Misc. Civil Appeal No. 43 of 2007 by the District Judge II, Ahmednagar. The learned counsel appearing for the petitioner has invited my attention to the pleading in the petition, grounds raised therein and has submitted that inspite of status quo order, the respondents are interfering in the possession of the petitioner. 2 3 Learned counsel for the respondents vehemently opposed the prayer in the writ petition and submitted that already this Court in second appeal No. 733 of 2003 has directed the parties to maintain status quo. Hence, no interference is called for. 4 After hearing the counsel appearing for the respondents, I am of the considered view that in view of the status quo order granted by this Court in second appeal No. 733 of 2003, there was no option to the lower appellate court but to allow the appeal keeping in mind the direction of this Court to maintain status quo. It is not in dispute that the suit property involved in the second appeal, is the same, which is involved in the instant writ petition. On careful perusal of the order passed by the lower appellate court and more particularly paras 9 and 10, I am not inclined to interfere in the writ jurisdiction. Once this court has directed the parties to maintain status quo and subject matter involved in the second appeal is the same which is involved in the instant writ petition, the order passed by the lower appellate court cannot be faulted with. Hence writ petition is dismissed. Ad-interim relief, if any, stands vacated. ***** 3