:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2314 OF 2008 Manohar J. Chhablani now known as Gyan Khasturi ..Petitioner Vs. Anil A. Balani ..Respondent Mr. J.S. Chandnani for petitioner. Mr. P.R.Arjunwadkar for respondent. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : April 08, 2008. Date : April 08, 2008. Date : April 08, 2008. P.C.: P.C.: P.C.: 1. Heard the learned counsel for the respective parties. The petitioner is aggrieved by the order passed by the Lower Appellate Court on Civil Application No. 742 of 2006 in Civil Appeal No. 1137 of 2006. The said application has been rejected. 2. The learned counsel for the petitioner has invited my attention to the order passed by this court on 8/8/2006 in Appeal from Order No. 252 of 2003 with Civil Application No. 424 of 2003 and more :2: particularly the following observations:- "It is not disputed that the respondent had filed Civil Application for appropriate reliefs being Civil Application No. 742 of 2006 setting out the circumstances as to how the appellants took advantage of the order of this court." 3. So far as the application filed under Order 39 Rule 2A of C.P.C. by the petitioner is concerned, the same has been remanded to the trial court to register it as Misc.Application (separate judicial) proceeding and has been directed to decide the same by recording the evidence of both the parties before 31/7/2008 while disposing off Writ Petition No. 7237 of 2007 today. 4. Now coming to the second point i.e. Civil Application No. 742 of 2006 alleging that the orders passed by this court have been misused by the respondent, the petitioner is at liberty to take out a :3: Contempt Petition, should he be satisfied that the orders passed by this court have been violated and, therefore, no further order is required to be passed beyond granting such a liberty to the petitioner. 5. Petition is disposed off accordingly. (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)