1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.4086 OF 2011 _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 13.06.2011. 1. Heard. 2. The petitioner assails the order dated 13.5.2011 passed below Exh.5 in Special Civil Suit No.51/2011, whereby the trial Judge issued show cause notice to the defendants and did not grant ad-interim injunction. 3. Heard Mrs.M.A. Kulkarni, learned counsel for the petitioner and Mr.V.G.Shelke, learned Asstt. Govt.Pleader for the State. 4. The order is passed under Order 39 Rule 1 and 2 of the C.P.C. Even an order not granting an injunction and issuing show cause notice 2 would be an appealable order. As appeal is provided, the present Writ Petition would not be tenable. The Writ Petition is disposed of as not maintainable with liberty to the appellant to file appeal against the impugned order before the appropriate forum. 5. The Writ Petition is disposed of. (S.V.GANGAPURWALA,J.) Dt.13.06.2011. asp/office/wp4086.11 3