1 A.O.93.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO. 93 OF 2011 WITH CIVIL APPLICATION NO.7326 OF 2011 [Ramesh Nagorao Kalyan Vs. Nagorao Manikrao Kalyan and others] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr.A.G.Godamgaonkar,Advocate for appellant. Mr.P.R.Katneshwarkar,Advocate for respondent Nos.1 to 5. .... CORAM : S.S. SHINDE, J. DATE : 20TH AUGUST, 2011 PER COURT : . Heard learned counsels appearing for the parties. Since the application filed by the appellant for restoration of suit bearing Special Civil Suit No.01 of 2004, is pending before the Trial Court, I feel it appropriate to dispose of this matter at admission stage without entering into merits of the case. 2. The suit bearing Special Civil Suit 2 A.O.93.11 No. 01 of 2004 is dismissed in default. The application is filed by the present appellant for restoration of the said Civil Suit. Another application was filed for temporary injunction by the appellant. The trial Court rejected the application for temporary injunction, hence this Appeal from Order and Civil Application. 3. As stated earlier, since the application of the appellant is pending for restoration of the suit, any observation on merit of the matters would affect the parties. However, the application of the appellant is pending for restoration of the suit and it is reported by the Counsels for the parties that the said application is fixed for hearing on 03.09.2011, I feel it appropriate to protect the appellant for some period. Learned Counsel appearing for appellant has no objection if this Appeal From Order is 3 A.O.93.11 decided by protecting appellant for some period i.e. for 45 days. 4. Learned counsel appearing for respondents submits that appellant should be protected for one month without entering into the merits of the case. I feel it appropriate to dispose of the Appeal from Order and Civil Application by directing the respondents not to create third party interest in suit properties for 45 days from today. In case, application of the appellant for restoration of the suit is allowed by the trial Court, in that case it is open for the appellant to file an application for temporary injunction and that application would be decided by the trial Court on merit. 5. The respondents are restrained from creating third party interest in suit property for 45 days from today. Upon 4 A.O.93.11 expiry of said period this order will not remain in force. . Appeal from Order and Civil Application stand disposed of accordingly. Sd/- [S.S. SHINDE, J.] MTK