1 ra st 20134.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD REVIEW APPLICATION STAMP NO. 20134 OF 2011 IN CIVIL APPLICATION NO. 745 OF 2011 IN WRIT PETITION NO. 5116 OF 2009 1. Yusufa khatoon W/o Mujiboddin and others .. Applicants Versus 1. Syed Habib Zainul Abedin S/o S. Haji Nizamoddin and others .. Respondents Shri Amol Gandhi, Advocate for Applicants. Shri R. S. Deshmukh, Advocate for Respondent Nos. 3 and 4. Smt. R. K. Ladda, A.G.P. for the Respondent/State. CORAM : S. V. GANGAPURWALA, J. DATE : 02ND SEPTEMBER, 2011. PER COURT : . This is an application for review of the order dated 17 th February 2011 passed by this Court directing the writ petitioners not to create third party interest in the suit land during the pendency of the petition. 2 ra st 20134.11 2. Shri Gandhi, the learned counsel for applicants who are petitioners in the writ petition submits that the non applicants herein have suppressed the fact of filing of the suit and claiming same relief in the suit. On the date when the order was passed in Civil Application No. 745/2011, the present applicants could not place on record the affidavit-in-reply. As such, these facts could not be brought to the notice of this Court. It was the duty of the present non applicants i. e. the applicants in Civil Application No. 745/2011 to bring the fact of filing of the suit and claiming the similar relief to the notice of the Court. The said order would prejudice and affect the present applicants in the said suit. As such, the learned counsel submits that the said order deserves to be reviewed. 3. Shri Deshmukh, the learned counsel supports the order and submits that the present writ petition is filed on different premise. The cause of action for filing the suit is distinct from the present writ petition. It is further submitted that the application filed in the suit was also placed on record in the writ petition. 4. I have heard the learned counsel for respective parties. 3 ra st 20134.11 The order passed by this Court on 17 th February, 2011 in Civil Application No. 745/2011 was in view of protecting the subject matter. If a substantive suit is filed, the same would be considered on its own merits by the Civil Court. The order restraining the petitioners in the writ petition from creating any third party interest is with a view to safeguard the property, as the dispute is pending before this Court for final adjudication. The said order would not be an impediment for the Civil Court to try and decide the suit on its own merits, as the order in Civil Application No. 745/2011 dated 17.02.2011 is passed on prima facie consideration. 5. There is no error committed by the Court in passing the said order, as such, the review application is rejected. [ S. V. GANGAPURWALA, J. ] bsb/Sept. 11