1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.1438 OF 2010 Kashi Nath Satyavan Marathe ...Petitioner vs. Vidhan Tex Pvt.Ltd. & Ors. ...Respondents Mr.R.C.Mishra for the petitioner Mr.G.S.Hegde for respondent no.3 CORAM :A.S.OKA,J. DATE : MARCH 2, 2010 P.C. 1 Heard the learned counsel for the petitioner. By this writ petition under Article 227 of the Constitution of India, the petitioner is challenging the order dated 28th December 2009 passed by the learned Civil Judge (Junior Division), Vasai by which the application made by the petitioner-plaintiff for temporary injunction has been rejected. The petition discloses that an appeal has been already preferred by the petitioner against the said order. Therefore, this writ petition cannot be entertained. 2 However, the learned counsel for the petitioner submitted that in the pending Appeal, the learned District Judge has declined to grant any ad-interim relief of temporary injunction. Perusal of the Roznama of the Appeal annexed on page 48 of the Petition shows that the petitioner has not even applied for temporary injunction pending the Appeal by making a separate application. It is open for the petitioner to file an application for temporary injunction before the Appellate Court. 3 Subject to what is observed above, no interference is called for. Writ Petition is rejected. JUDGE