ash 1 caf-796.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.796 OF 2011 IN FIRST APPEAL NO.92 OF 1997 Dharmaji Gangaram Gholam & Ors. .. Applicants Vs Gunaji Tanu Khadye & Ors. .. Respondents ­­ Shri N.V. Walawalkar i/by Shri S.M. Kamble for the Applicants. Shri G.R. Rege i/by Shri S.A. Mudbidri for Respondent Nos.1 to 5. ­­ CORAM ; A.S. OKA, J DATED : 15TH JUNE, 2011 P.C. . Heard learned senior counsel appearing for the Applicants and learned counsel appearing for Respondent Nos.1 to 5. 2. Both the parties have pointed out the orders of the Sessions Court in Revision arising out of the orders passed under Section 144 of the Code of Criminal Procedure, 1973. The submission of the learned senior counsel appearing for the Applicants is that the first interim order passed by this Court in the present Appeal on 13th February, 1997 continues to operate subject to further orders passed on 28th March, 2002. The submission is that the said earlier order has been completely brushed aside by the contesting Respondents. He invited attention of the Court to the affidavit in reply filed by Respondent Nos.1 ash 2 caf-796.11 to 5 in which a statement has been made that the Respondents have abided by the order dated 28th March, 2002. 3. The first prayer in this Application is for modification of the order dated 28th March, 2002 in terms of Paragraph 23 of the Application. The second prayer is against two ad­hoc trustees restraining them from raising any objection in the celebration of festivals. 4. As far as the first prayer is concerned, it will virtually amount to re­writing the order dated 28th March, 2002. Hence, the said prayer cannot be granted. 5. Looking to the orders of the Sessions Court passed in Revision Application arising out of Section 144 of the said Code which are placed on record, it is not possible as of today to come to a conclusion that a particular party has committed a breach of the earlier orders. As regards clarification sought by the learned senior counsel appearing for the Applications that the order dated 13th February, 1997 continues to subsist, there is no prayer in this Application, and therefore, the Applicants will have to take out appropriate application in that behalf. Suffice it to say that at this stage, no case is made out for grant of any reliefs in this Application. ash 3 caf-796.11 6. Subject to what is observed above, the Application is rejected. ( A.S. OKA, J )