1 caf2830 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.2830 OF 2011 IN FIRST APPEAL NO.1444 OF 2011 Mohammed Jaish Nazir Ahmed Shaikh ...Applicant vs. Rafiullah A.A.Khan ...Respondent Mr.Suresh Gole for the applicant Mr.R.D.Soni i/b Ms Grupti Gohil for the respondent CORAM : A.S.OKA,J. DATE : OCTOBER 13, 2011 P.C.: 1 Heard learned counsel for the applicant and the learned counsel for the respondent. The respondent is the original plaintiff and the applicant is the defendant. By the impugned decree, the applicant has been restrained from interfering with the possession of the respondent over the suit shop till the disposal of the suit for possession filed by the applicant in this Court. 2 The learned counsel for the applicant is praying for injunction in terms of prayer clause (b). 3 Substantive suit filed by the applicant is pending on the Original Side of this Court. The relief which is sought in terms of prayer clause (b) will have to be applied for in the substantive suit. Prayer (b) cannot be considered on merits in the appeal preferred by the applicant arising out of 2 caf2830 the suit for injunction filed by the respondent. 4 Application is disposed of by granting liberty to the applicant to file appropriate proceedings in the pending suit in this Court for seeking appropriate interim relief. It is made clear that no adjudication has been made on merits of the prayer clause (b) and all questions on merits are kept open. JUDGE