FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO.8654 OF 2007 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr S.G.Deshmukh, for the petitioners. CORAM: D.B.Bhosale,J. DATED: 05.02.2008 P.C.: Heard learned counsel for the petitioners. This writ petition is directed against the judgment and order passed by the courts below in the proceedings arising from an application at Exhibit-5, by which the petitioner-plaintiff had prayed for injunction restraining the defendants from carrying out any construction over the suit property. The trial Court had rejected the application vide order dated 16.8.2006 and the appellate court dismissed the appeal, vide judgment and order dated 1.10.2007. During pendency of the application at Exhibit-5 before the trial court and during pendency of the Misc.Appeal before the appellate court, no ad-interim order was passed by either of the courts. In view thereof, the construction has come up. In the circumstances, no interference in the instant writ petition is called for. The writ petition is dismissed. However, it is open for the petitioners to file an appropriate application before the trial Court seeking injunction restraining the defendants from creating third party rights in the said structure. If such an application is filed, same may be considered in accordance with law. While allowing to file the application for injunction, I shall not be understood to have expressed any opinion on merits of the case. (D.B.Bhosale, J.)