(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 3530 OF 2011 Nivrutti s/o. Martandrao Kotkar, Age : 72 years, Occupation : Agriculture, R/o. Babhulweda, Taluka : Newasa, District : Ahmednagar. .. Petitioner. versus Smt. Bhagirathibai Raosaheb Kotkar, Age : 68 years, Occupation : Household, r/o. C/o. Popat Rambhau Fatake, R/o. Hingoni, Taluka : Newasa, District : Ahmednagar, and another. .. Respondents. ....................... Mr. V.D. Sapkal, Advocate, for the petitioner. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 5TH MAY 2011 COURT'S ORDER : 1. Heard Adv. Mr. V.D. Sapkal, for the petitioner. (2) 2. The judgment and order of appellate court dated 10-8-2010 in Misc. Civil Appeal No. 11/2009 is questioned by plaintiff. It is urged that the liberty given to defendant no.1 in suit, to create third party interest to the extent of her share in the suit property, renders the entire suit itself infructuous. 3. The impugned order passed by learned District Judge-1, Shrirampur, is dated 10-8-2010 and present petition has been filed on 2nd May 2011. Thus, this court is not approached within reasonable time. Not only this, in paragraph 10, the appellate court has noticed that suit filed is only for declaration and permanent injunction and no suit has been filed claiming right of preemption with respect to 1/4th share of defendant no.1. 4. Suit is still pending. I, therefore, do not find anything wrong with the application of mind by the appellate court. Whatever steps defendant no.1 may take, the same are subject to result of Civil Suit. I am, therefore, not inclined to interfere. 5. In the result, the petition is dismissed. No costs. ( B.P. DHARMADHIKARI ) JUDGE bgp/wp3530