1 WP 9116.2011 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9116 OF 2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders ................................ CORAM : S.V.GANGAPURWALA, J. DATE : 30/11/2011. Mrs. M.A.Kulkarni, Advocate for the petitioner. Mr. K.B.Choudhari, Addl. Govt. Pleader for State. ............................. PER COURT : 1. The petitioner has filed Suit before the Civil Judge (Sr. Division), Osmanabad seeking injunction against the respondents from dispossessing and evicting the petitioner. Along with the Suit, the petitioner also filed an application for temporary injunction. The said application came to be rejected. Aggrieved thereby, the petitioner filed Appeal. In the Appeal, the petitioner filed stay petition [ Exh. 5 ]. The same came to be rejected. Aggrieved thereby, the present Writ Petition is filed. 2. Heard Mrs. M.A. Kulkarni, the learned counsel for the petitioner. The learned counsel submits that before the High 2 WP 9116.2011 Court, the order of the Executive Engineer was not under challenge. The petitioner had filed substantive Suit seeking injunction. The Civil Court will have to come to the conclusion. The learned counsel contends that the validity of the order of the Executive Engineer was not the subject matter before the High Court in the Writ Petition. As such, the Courts below have erroneously relied on the observations made by this Court in the Writ Petition. 3. It is seen that the application [ Exh. 5 ] is rejected by the District Court on 21/10/2011. The Misc. Civil Appeal is still pending. Even the trial Court had rejected the application for temporary injunction. It would not be desirable to observe anything on merits. It would be appropriate to get the Appeal itself decided on merits. 4. In view of the above, the Writ Petition is disposed of. No costs. The District Judge – 2, Osmanabad shall decide the Misc. Civil Appeal No. 77 of 2011 as expeditiously as possible and preferably within the period of three ( 3 ) months from today. [ S.V. GANGAPURWALA,J. ] KNP/WP 9116.2011