1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (W) NO. 1356/2011 IN WRIT PETITION NO. 3511/2010 (Nathuji N. Rokade and another vrs. M/s. Hindustan Builders and others) ------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------- Mr. A.H.Lohiya, counsel for Petitioners Mr. Badhe, counsel for respondent No. 2 Mr. A.M.Ghare, counsel for Respondent no.3. CORAM: R.K.DESHPANDE J. DATED: 7 th JUNE, 2011. Heard learned counsel for the parties. The suit filed by the petitioners challenging the mortgage of the property with the respondent no. 2 Bank has been held to be not tenable by the trial Court. The appeal preferred by the petitioners has been dismissed. Hence this writ petition by the original plaintiffs. The question whether the civil court has jurisdiction to entertain, try and decide such a suit has been referred to a larger Bench by this Court. This petition has been admitted. As on this date, no proceedings before the trial Court are pending in view of 2 the dismissal of the suit. Hence, this civil application has been moved in the instant writ petition, seeking interim relief of restraining the Bank from transferring or creating any third party interest in respect of the suit property or any portion thereof. After hearing the learned counsel for the parties, I am of the view that no case is made out for grant of interim relief as prayed for. It is, however, made clear that any action on the part of the respondent Bank taken pending the decision of this writ petition shall be subject to the result of this petition. Put up along with C.R.A. No. 29/2011. JUDGE Rvjalit