1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.3827 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.Dilip Bodake for the petitioners. Mr.A.P.Vanarase, AGP for respondents 1 to 3. Mr.Ajit J. Kenjale for respondents 4 to 10. CORAM : ANOOP V. MOHTA, J. DATED : 14.11.2008 P.C. Both the courts below, after considering the material available on record, not granted injunction to the petitioner/plaintiff whose suit is pending for declaration that the orders passed by the authorities with regard to the land/road in question is null and void. Therefore, there is no case made out by the plaintiff for such interim relief or injunction preventing the respondents from using and/or constructing the said property/land for road as apprehended. 2 This court on 9.3.2007 in earlier petition filed by the petitioner specifically refused to interfere with the orders with regard to the mutation entry. A statement was made that the suit is pending between the parties on title. Therefore, the court has already observed that issue under the title cannot be decided by the concerned authorities. The title suit is still pending and as observed any decision given by such authorities are always subject to the result on title. Taking all this into account, therefore, I see there is no reason to interfere with the orders passed by the courts below refusing to grant any protection to the petitioner. There is no perversity in the matter. The petition is dismissed accordingly. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]