IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3202/2008 Bhimrao Saudagar Ghalke Petitioner Vs. Rajaram Narayan Deshmukh Respondents Mr.Ajay Joshi ,advocate for the petitioner Mr.P.B.Shah advocate for the respondents Coram : A.M.Khanwilkar,J. Date :10 th July,2008 P.C. 1] Heard counsel for the parties. Rule. Rule made returnable forthwith by consent Mr.Shah ,advocate for the respondents waives notice .As short question is involved the petition is taken up for final disposal by consent . 2] This petition takes exception to the judgment and order passed by the District Judge -2 ,Pandharpur dt.28.4.2008 in Civil Misc.Appeal no.32/2008 .The said appeal took exception to the order passed by the Trial Court dt.30.7.2007below Exh.5 in Regular Civil Suit no.496/2007 .For the sake of convenience the entire order passed by the Court below is reproduced hereunder . 2 ''(1) The appellant has challenged the legality of the order rejecting his application for Temporary injunction in R.C.S.No.496/2007 dt.23-4-2008 passed by the III rd Jt.Civil Judge,J.D.Pandharpur by preferring Civil Misc.Appeal before this Court . The application under Order is filed for issue of temporary injunction restraining the opposite party from alienating or transferring the suit property till final decision of the Misc.Appeal. (2)Heard Mr.Bhadule, the learned advocate for appellant at length .The Civil Misc.Appeal cannot be treated as continuation of suit.The scope of Misc.Appeal is very limited.This Court is empowered to see whether the order under challenge is proper,legal and correct or not. Therefore ,the application for Temporary Injunction is not tenable in law and as such it is liable to be rejected summarily.Theratio laid down in case of Govindbhai Vs.Gokulchand (1996(2)Mh.L.J.1062) will be taken into consideration at the time of hearing of main Misc.Appeal. Hence the following order. O R D E R The application stands rejected.' ' 3] To observe sobriety I would only record that the learned Judge has completely misunderstood the scope of appeal provisions. The appellate court was expected to deal with the challenge brought before it on its own merits and not to dismiss the appeal by such cryptic order. There is no indication in the impugned order as to which finding recorded by the Trial Court persuaded the appellate Court to dismiss the appeal summarily. The reasons mentioned are no reasons at all to justify summary dismissal of the appeal. In the circumstances, the only course open to this Court is to set aside the order passed by the Court below and relegate the parties to the appellate Court for reconsideration of Misc.Civil Appeal no.32/2008 on its own merits in accordance with law. All questions are kept open to be addressed in the said appeal on its own merits. 4] The parties shall appear before the Appellate Court on 31st July,2008 on which date the appellate Court may proceed to hear the appeal or fix the hearing on suitable date as may be convenient to it , while ensuring that the appeal be finally disposed of not later than 15- 9-2008. 5] This petition is allowed on the aforesaid terms . 6] No order as to costs. 7] Copy of this order be forwarded to Registrar General for being placed before the appropriate authority in view of the observations made herein (A.M.Khanwilkar,J.)