1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. LETTERS PATENT APPEAL NO.62 OF 2008 IN WRIT PETITION NO.269 OF 2008 Mangala w/o Nivruti Godse ... APPELLANT VERSUS Lilabai w/o Bhausaheb Jadhav & anr. ... RESPONDENTS ----- Shri L.V. Sangit, Advocate for the appellant Shri R.D. Bhalerao, Advocate for respondent No.1. Shri S.K. Tambe, A.G.P. for respondent No.2. ----- CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ. DATED : 7th June, 2010. PER COURT: 1. The appellant herein, respondent before the learned Single Judge in Writ Petition No.269 of 2008, has filed this Letters Patent Appeal under clause 15 of the letters patent, challenging the order of the learned Single Judge, dated 16.1.2008, granting ad- interim relief in terms of prayer clause (E) to the petition. 2. On perusal of the order, it appears that, the learned Single Judge has granted leave to amend to the original petitioner i.e. respondent in the Letters Patent Appeal and issued Rule, making it returnable within ten weeks, and granted interim relief in terms of prayer clause (E) to the petition. Prayer clause (E) to the petition related to the grant of stay to the order of the trial Court, by 2 which the application of the present appellant was allowed and the trial Court directed the recount of the votes. 3. We have heard Shri Sangit, learned counsel for the appellant, Shri S.K. Kadam, learned A.G.P. on behalf of respondent No.2 and Shri Bhalerao, learned counsel on behalf of respondent No.1. Shri Sangit, learned counsel for the appellant has urged before us that, in the light of the order passed by the trial Court, the learned Single Judge erred in granting interim relief. 4. Since the learned Single Judge has issued Rule in the matter and the petition is pending, it would be inappropriate for us to decide the matter on merits. Learned Single Judge has granted interim relief of staying the order of the trial Court. Since the learned Single Judge has issued Rule, according to us, if interim relief had not been granted, the petition would have been rendered infructuous. In that light of the matter, according to us, this Letters Patent Appeal is devoid of any merits and is accordingly dismissed with no order as to costs. [N.D. DESHPANDE, J.] [P.V. HARDAS, J.] fmp/lpa62.08