1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2133 OF 1999 Akruti City Ltd. & Anr. .. Petitioners versus Brihanmumbai Mahanagar Palika & Ors... Respondents. Dr Milind Sethe Sr. Advocate with Ms. Sonali i/b Khona & Kayser for petitioners. Ms. S.M. Modle for respondents. CORAM: D.K. DESHMUKH & R. G. KETKAR, JJ. DATED: 23rd September, 2009. P.C. 1 Heard learned counsel for both sides. Perused interim orders passed by this court in this Writ Petition dated 22nd January, 2000 and 28th Aprily, 2000. As a result of those interim orders, presently the petitioner is paying property tax as per the judgment of the Small Causes Court in Municipal Appeal 2 No. 475 of 1999. Against the Judgment of the Small Causes Court, admittedly, Appeal has been filed in this court i.e. Second Appeal No. 211 of 2002 preferred by the Municipal Corporation which is pending in this court. It is common ground that the position in relation to payment of property tax with respect to the other property involved in this petition is similar to the property involved in the Second Appeal No. 211 of 2002. By the interim order passed by this court in this petition, petitioner is permitted to make payment of property tax in relation to all the properties which are involved in this petition, as per the judgment of the Small Causes Court in Municipal Appeal No. 475 of 1999 subject to the decision that may be rendered by the High Court in Second Appeal No. 211 of 2002. The complaints of the petitioners in relation to the other properties were pending before the Investigating Officer of the Corporation which have been directed to be kept pending till Second Appeal No. 211 of 2002 is decided. Taking over all view of the matter, in our opinion disposal of this petition in the following terms will serve the interest of justice. i) Petitioners to continue to pay property tax as per the decision of the Small Causes 3 Court in Municipal Appeal No. 475 of 1999 in relation to all the properties which are involved in this petition during the pendency of the Second Appeal No. 211 of 2002. All the complaints in relation to the other properties which are involved in this petition which are presently pending before Investigation Officer shall be kept pending till the Second Appeal No. 211 of 2002 is decided and thereafter complaints will be taken up for the investigation by the appropriate authority of the Corporation. The payment of property tax by the petitioners during the pendency of the Second Appeal No. 211 of 2002 shall be subject to the decision of that Appeal. In other words petitioners will have to pay property taxes in accordance with the decision of the Second Appeal No. 211 of 2002 as an when that appeal is decided. ii) Petition is disposed of. No order as to costs. 4 iii) In view of the disposal of the Writ Petition all the pending Motions stand disposed of. (D.K. DESHMUKH, J) (R.G. KETKAR, J)