1 ao1197 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO.1197 OF 2010 Dinesh Trikamdas Parekh ...Appellant vs. Harshad Manilal Parekh & Ors. ...Respondents Mr.V.A.Thorat, Sr.Adv. i/b M/s.Kanga & Company for the appellant Mr.Satish Shah i/b M/s.Bagkar & Co. for the respondent nos.1 and 2 Mr.Niranjan Pandit i/b Tamhane & Co. for respondent no.3 CORAM : A.S.OKA,J. DATE : FEBRUARY 8,2011 P.C.: 1 The learned senior counsel for the appellant states that the appellant has already filed a substantive suit in this Court. He states that in view of filing of the substantive suit, the appellant is not pressing this appeal on merits. He submits that it may be observed that the findings recorded in the impugned order should not come in the way of the appellant while prosecuting the substantive suit. I have heard the learned counsel for the respondents. 2 It is obvious that the observations made by the learned trial Judge are only prima facie and tentative observations. The said observations are made only for the purpose of considering the prayer for temporary injunction. Therefore, it is obvious that the substantive suit filed by the appellant will be decided on its own merits. 3 Subject to what is observed above, appeal is dismissed as not pressed. Civil application no.1489 of 2 ao1197 2010 does not survive and the same is disposed of. 4 All contentions of the parties on merits are kept open. JUDGE