IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO 5836 OF 2008 Shri. Ramesh Mohanlal Kasat through constituted attorney Shri. Narayan M. Deshpnade .. Petitioner V/s. State of Maharashtra .. Respondent Mr. A.B. Tajane for the Petitioner Mr. S.N. Patil for the Respondent - State CORAM : A.M. KHANWILKAR, J DATE : 03rd February, 2009. P.C.: 1. In terms of order dated 29.08.2008, the Trial Court has considered the Misc Application No 313 of 2007. That application has been allowed by the consent of Defendant No. 3 as is recorded in the order dated 29.08.2008 by the Trial Court. There is nothing to indicate that the order passed by the Trial Court on 29.08.2008 restoring the suit has been challenged before the superior forum. If the suit is restored, the question whether interim relief should be granted as prayed by the Plaintiff or otherwise, may be examined by the Trial Court on its own merit. The present Writ Petition essentially arisies out of the application filed by the Petitioner for grant of interim relief during pendency of Misc. Application No. 313 of 2007. As the said Misc. Application itself is disposed of, it will be open to the Petitioner to apply to the Trial Court for grant of interim relief which has to consider that application on its own merit. 2. Petition disposed of on above basis. (A.M. KHANWILKAR, J)