1 211 wp.904.96 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT PETITION NO. 904 OF 1996 Benjamin Gonsalves and others. ... Petitioners Versus Smt. Charlotte Almeida and others. ... Respondents ----- Ms Pratibha Shelke i/b Mr. V.A.Thorat for the Petitioners. ----- CORAM : A.S.OKA, J. DATE : 30 th November, 2011. ORAL JUDGMENT: 1 Called out for final hearing. 2 Heard the learned counsel appearing for the Petitioners. 3 The Petitioners are the original Defendants in a suit filed by the Respondents. The suit was filed for eviction. By the interim order passed during the pendency of the suit, the trial Court directed the original Plaintiffs (Respondents herein) to carry out repairs to the suit premises including the roof thereof. For challenging the said 2 211 wp.904.96 order, the Respondents preferred an appeal before the Appeal Bench of the Court of Small Causes. By the order dated 15 th April, 1994, the interim Notice taken out by the Petitioner was allowed by the trial Court and the hearing of the suit was expedited. Ultimately, by the impugned order, the appeal was dismissed, but the Appellate Court directed that if the Respondents fail to carry out repairs as aforesaid, the Petitions shall carry out the repairs to the suit premises. On 19 th March, 1996, this Court issued rule and granted interim relief in terms of prayer clauses (c) and (d). The learned counsel appearing for the Petitioners is not aware whether the original suit is pending. However, the fact remains that the interim relief granted by this Court is operating from 19 th March, 1996. Therefore, the petition need not be kept pending and the same can be disposed of by passing a workable order. 4 Hence, I pass the following order: i. If the suit filed by the Respondents is still pending, the interim relief granted by this Court on 19 th March, 1996 shall continue to operate till 3 211 wp.904.96 the final disposal of the suit ; ii. It is obvious that if the suit is already disposed of, the present petition does not survive ; iii. The Petition is disposed of on above terms by keeping all the contentions of the parties on merits open ; and iv. There will be no order as to costs. [ A.S.OKA, J ]