MP 1 CAW740_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 740 OF 2011 IN WRIT PETITION NO. 890 OF 2011 Shri Ravindra Baliram Mahatme ... Petitioner Versus Sou. Rupali Sayajirao Mane and others ... Respondents Mr. Nitin Jamdar i/b. Mr. Vijay Killedar for Petitioner. Mr. P. S. Dani i/b. Mr. P. M. Arjunwadkar for Respondents. CORAM : B.R. GAVAI, J. MONDAY, APRIL 18, 2011 P. C. : The learned Counsel for the petitioner submits that during the pendency of the petition, the respondents - defendants had carried out the construction, and as such, he has taken out the Civil Application No. 740 of 2011 praying for direction to the respondents to remove the construction. 2. I find that since the construction is already carried out by respondents - defendants, nothing survives for adjudication in the writ petition. Insofar as the civil application is concerned, since such a prayer is made for the first time before this court, it would be appropriate that the petitioner is permitted to move an application before the learned Trial Court for the reliefs claimed in the civil application. If such an application is made before the learned Trial Court, the Trial Court would consider the same without being influenced by the MP 2 CAW740_11 observations made by it while allowing the application for temporary injunction and by the Appellate Court while allowing the appeal of the respondents. 3. Needless to state that the same would also apply when the learned Trial Court decides the suit on merits. 4. Petition as well as civil application are disposed of. (B.R. GAVAI, J)