1 wp 5991.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5991 OF 2011 Suresh Dnyaneshwarrao Somwanshi and another .. Petitioners Versus Dilip Baliram Chalwad and others .. Respondents Shri S. P. Urgunde, Advocate for Petitioners. Shri P. R. Katneshwarkar, Advocate for Respondent Nos. 1 to 3. CORAM : S. V. GANGAPURWALA, J. DATE : 26TH AUGUST, 2011. PER COURT : . Heard Shri Urgunde, the learned counsel for petitioners and Shri Katneshwarkar, the learned counsel for respondents. The present writ petition is filed challenging the order passed by Trial Court under Order XLI Rule 5 of the Code of Civil Procedure staying its own order. The said order was to operate till the appeal period. It is submitted that the present respondents have already filed an appeal. When appeal is already filed and the Appellate Court is seized with the matter 2 wp 5991.11 the order passed by the Trial Court does not operate. In view of that the writ petition also becomes infructuous. The writ petition is disposed of as infructuous. [ S. V. GANGAPURWALA, J. ] bsb/Aug. 11