{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1915 OF 2011 Rukminibai w/o Atmaramji Nakhate Petitioner Versus Jankiram @ Suresh s/o Tukaram Nakhate and others Respondents Mr.P.R.Katneshwarkar, advocate for the petitioner. Mr.M.P.Kale, advocate for respondents no.1 & 2. CORAM : S.S.SHINDE, J. DATE : 16 th November, 2011 PER COURT: Heard learned Counsel for respective parties. After filing this writ petition, on 30th July 2011, the Principal District & Sessions Judge, Parbhani, has passed order below Exhibit-1 in Regular Civil Appeal No.53/2002 thereby the memo of appeal is returned to the appellant under Order 7 Rule 1o of the Code of Civil Procedure for presentation of the appeal in proper Court. Learned Counsel appearing for Respondents submits that already First Appeal is filed challenging the said order before this Court. In this view of the matter, nothing survives for consideration in this writ petition. Since the appeal is already {2} returned to the appellant by the appellate Court, the interim order, which was passed in the said appeal, was without jurisdiction. Writ Petition stands disposed of as infructuous. S.S.SHINDE JUDGE adb/wp191511