1 16-wp-4171-2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4171 OF 2023 Laxman Bajirao Bankar And Others VERSUS The State Of Maharashtra Through Secretary And Others ... Mr. A. P. Sonpethkar h/f Mr. P. N. Sonpethkar, Advocate for the Petitioners Mr. K. B. Jadhavar, AGP for Respondent-State Mr. P. D. Jarare, Advocate for Respondent no.4 Mr. A. P. Bhandari, Advocate for respondent no.5 ….. CORAM : AJIT B. KADETHANKAR, J. DATED : 31ST AUGUST, 2026 P.C. :- . An application filed under Exhibit-5 for temporary injunction under Order 39 Rule 1 and 2 read with Section 151 of the Civil Procedure Code by the petitioners came to be rejected by the Trial Court on 04.05.2022. The said suit is of the year 2021. A Miscellaneous Civil Appeal against rejection of temporary injunction was filed by the petitioners/plaintiffs before the District Court. The same also came to be turned down by the impugned order dated 16.06.2022. As against that, the petitioners are before this Court. 2026:BHC-AUG:39770 2 16-wp-4171-2023 2. At the outset, Mr. A. P. Sonpethkar h/f Mr. P. N. Sonpethkar, learned Advocate for the petitioners on instructions seeks leave to withdraw the Writ Petition. He however seeks an observation from this Court that the observations made by the Trial Court and the First Appellate Court while dealing the temporary injunction application may not come in the way of the petitioners during the trial. 3. Leave granted for withdrawal. Writ Petition stands disposed of as withdrawn. 4. It is clarified that the observations recorded by the Trial Court as also by the First Appellate Court on Exhibit-5 shall not come in the way of plaintiffs/petitioners or any party while deciding the suit. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026