GPN-J.332-ARCHB-8.94-1310500-ALA4 Spl-H.C.A.S.C.D.79e FARAD CONTINUATION SHEET No. IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CIVIL CIVIL CIVIL APPLICATION NO.3077 OF 2004 APPLICATION NO.3077 OF 2004 APPLICATION NO.3077 OF 2004 IN IN IN WRIT WRIT WRIT PETITION NO.6707 OF 2004 PETITION NO.6707 OF 2004 PETITION NO.6707 OF 2004 ------------------------------------------------------------ Office Notes, Office Memoranda of Coram, appearances, Court’s Court’s or Judge’s orders orders or directions and Registrar’s orders. ------------------------------------------------------------ Mr.J.Saluja i/b. M.V. Kini & Co., for the Petitioners Mr.P.S. Dani i/b. Mehta & Co., for Respondent. CORAM CORAM CORAM : F.I. REBELLO,J. : F.I. REBELLO,J. : F.I. REBELLO,J. DATED DATED DATED : JANUARY 24, 2005 : JANUARY 24, 2005 : JANUARY 24, 2005 P.C. . Considering the fact that the learned Judge has considered the issues involved and has found that the matter requires admission no case made out for interfering with the order admitting the petition. In so far as interim relief is concerned, there was an interim relief in favour of the Respondent during the pendency of the proceedings in the trial Court. That order was continued in Appeal. There is a finding in favour of the Respondent. Considering that in the fitness of things the order granting interim relief dated 9th December, 204 is liable to be recalled. 2. It is, however, pointed out on behalf of the petitioners that on account of the opening is on the Highway and on account of failure to put the median accidents have occurred. If that be so, it will be open to the petitioners based on the subsequent events to apply to this Court to vacate the interim relief. That will be considered independently. . With the above observations Civil Application stands disposed of. (F.I. (F.I. (F.I. REBELLO, J.) REBELLO, J.) REBELLO, J.)