1 WP.7667/2010 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7667 OF 2010 Salim Dawood Kazi ...Petitioner. V/s. The State of Maharashtra & Ors. ..Respondents. ----- Mr. Arun Kumar Tripathi i/b Law Juris, for the Petitioner. Mr. S.D. Jajanikar, AGP for Respondent Nos.1 and 3. Ms. K. R. Patil, for Respondent No.2. ------ CORAM : A.S. OKA, J. DATED : 6 th OCTOBER, 2010. P.C: 1] Heard the learned counsel for the petitioner, learned AGP for respondent nos.1 and 3 and learned counsel for respondent no.2. 2] It is not in dispute that the Order dated 2.9.2008 is an appealable order. If the petitioner has preferred an appeal, the petitioner can seek appropriate interim relief from the Appellate Authority. If the petitioner has not preferred an appeal, he can do so. 2 WP.7667/2010 Hence, it is not necessary to entertain the present writ petition. However, a limited protection will have to be granted to enable the petitioner to obtain appropriate relief from the Appellate Authority. 3] Hence, the petition is disposed of by following order:- i) The petition is rejected with liberty to prosecute the appeal before the Appellate Authority or to prefer an appeal. ii) To enable the petitioner to apply for appropriate interim relief from the appropriate authority, the Order of eviction shall not be acted upon for a period of four weeks from today. iii)All concerned to act upon the authenticated copy of this Order. JUDGE