1 WP No.4437/11 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4437 of 2011 Nandlal Ramu Desai and others ... Petitioners versus Vishwanath Murlidhar Desai and anr ... Respondents ... Mr.R.B. Paranjape i/b Mr.J.D. Khairnar for the petitioners CORAM : D.G. KARNIK, J DATED : 27th June 2011 P.C. 1. This petition is directed against an interlocutory order and calls for no interference in exercise of an extraordinary jurisdiction under Article 227 of the Constitution of India. 2. Petitioner is the original plaintiff. He filed a suit for declaration of his title and an injunction restraining the respondents from disturbing his possession. The trial court decreed the suit and after filing an appeal, the respondents applied for interim stay of the operation of the impugned decision till the decision of the appeal. The interim order granting the stay to the decision of the trial court is impugned in this petition. 2 WP No.4437/11 3. It may be noted that at the interim stage in the suit, petitioner had applied for an injunction restraining the defendants from disturbing his possession. However, no such injunction was granted during the course of the trial. The injunction was granted for the first time by the final decision of the suit. As such, the discretion exercised by the appellate court in granting stay to the order of injunction which was granted for the first time at the time of decision of the suit calls for no interference in exercise of writ jurisdiction under Article 227 of Constitution of India. Writ Petition is rejected summarily. (D.G.KARNIK, J)