1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.4054 OF 2011. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 16.06.2011. 1. Heard. 2. The present petitioners are the original defendants. The Respondents had filed a suit for injunction along with the application for temporary injunction. The trial Court granted temporary injunction. Aggrieved thereby, the petitioners filed appeal before the District Court. The District Court dismissed the appeal confirming the judgment and order of the trial Court. Aggrieved thereby, the petitioners have assailed the said judgments in the present petition. 3. Mr.Vaidya, learned counsel for the 2 petitioner submits that the Courts below have not considered the aspect of the tenability of the suit itself. In view of the embargo laid down U/s 4l(j) of the Specific Relief Act, the plaintiff do not have a locus standi to file the suit. According to the learned counsel the Court below have not touched this aspect of the matter. Even the factual matrix has not been considered. 4. The learned counsel for the respective parties agree that the suit is now ripe for evidence. All the points which have been agitated by the petitioner can be gone into by the trial Court at the time of adjudication of the suit on merits. Suffice it to state that both the Courts have allowed the application for temporary injunction in favour of the plaintiffs and the injunction is in force since the year 2008. In view of the concurrent findings, I am not inclined to interfere in the supervisory jurisdiction, more particularly, as the matter is now fixed for evidence. The trial Court shall decide the suit dehors the observations made at the time of decision on temporary injunction application by it 3 and the appellate Court. The Writ Petition is accordingly disposed of. No costs. (S.V.GANGAPURWALA,J.) Dt.16.06.2011. asp/office/wp4054.11