1 63 caf.275.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 275 OF 2011 IN FIRST APPEAL NO. 1879 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. H.D.Mahadik for the Applicants. Mr. S.A.Abhyankar for Respondent No.1. CORAM : A.S.OKA, J. DATE : 18 th February, 2011. P.C. 1 Heard the learned counsel appearing for the Applicants and the learned counsel appearing for the Respondent No.1. 2 The learned counsel appearing for the Applicants pointed out that interim order dated 21 st August, 1996 passed in Notice of Motion No. 7170 of 1995 was operating till the disposal of the suit. He prays for continuation of the same order. 3 The learned counsel appearing for Respondent No.1 did not dispute that order dated 21 st August, 1996 was 2 63 caf.275.11 operative till the disposal of the suit. However, he invited the attention of the Court to the order dated 27 th November, 2008 passed by the trial Court in Contempt Notice of Motion No. 1170 of 2008. He submitted that the order dated 21 st August, 1996 was clarified by the said order to mean that under the said order, no relief was granted to the Applicants in respect of Survey No.221. 4 It is not disputed that the order dated 27 th November, 2008 was not challenged by the Applicants. The said order holds that injunction was granted by the order dated 21 st August, 1996 only in respect of the land bearing Survey No. 101, Hissa No.1, CTS No.1488 and there is no reference in the said order to grant of any relief in respect of Survey No.221. 5 The appeal has been admitted for final hearing. Though the order dated 21 st August, 1996 deserves to be continued, the same will have to be continued with clarification made as aforesaid. 6 Hence, civil application is disposed of by passing the following order: i. The order dated 21 st August, 1996 passed by the trial Court in Notice of Motion No. 7170 of 1995 as clarified by order dated 27 th 3 63 caf.275.11 November, 2008 in contempt Notice of Motion No. 1170 of 2008 will continue to operate as interim relief till the final disposal of the appeal. [ A.S.OKA, J ]