1 ca5298.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 5298 OF 2010 IN LETTERS PATENT APPEAL NO. 146 OF 2010 _________________________________________________________________________________ Office Notes, Office | Court's or Judge's Orders Memoranda of Coram, | appearances, Court's | Coram : Smt. Nishita Mhatre & orders or | Shri M.T. Joshi, JJ. directions and | Date : 7th June, 2011 Registrar's orders | _________________________________________________________________________________ Shri R.F. Totala, Advocate for applicants. Shri. S.S. Chapalgaonkar, Advocate for respondent no.1. Shri R.R. Karpe, Advocate for respondent no.2. ..... 1. We have heard the parties for some time. In our opinion, the proceedings in Special Civil Suit No. 40 of 2008 pending on the file of Civil Judge, Senior Division, Kopargaon are required to be stayed. 2. The learned Advocate appearing for respondent contends that because interim relief was refused when notice was issued on 15th April, 2010, we can not pass an order directing that the suit should be stayed as it would amount to reviewing the aforesaid orders. 3. It is obvious that the order refusing to grant interim relief was passed at the stage when notices were issued to the respondents, and therefore, the Court was of the 2 ca5298.10 view that interim relief should not be granted without hearing the respondents. We have now heard the learned Advocate for respondents. In our opinion, proceedings before trial Court are required to be stayed and are accordingly stayed. 4. Civil Application disposed of accordingly. ( M. T. JOSHI, J. ) (NISHITA MHATRE, J.) ga s/lpa146.10