IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6862 OF 2006 Shri Shekhar Puranmal Agarwal ...Petitioner V/s. Shri Prakash Somnath Kamble & Ors. ...Respondents ...... Mr.Suresh M.Sabrad for Petitioner. Mr.P.K.Hushing for Respondent No.4. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. JANUARY 16, 2009. JANUARY 16, 2009. JANUARY 16, 2009. P.C. 1. Heard Counsel for the parties. 2. Insofar as the opinion recorded by the two Courts below that the Petitioner/Plaintiff is undisputedly not in possession of the suit shop, is unassailable. Assuming that the Petitioner/Plaintiff were to succeed in getting relief in terms of prayer clauses (a) and (b) of the Plaint, that can be secured if the Respondent : 2 : Nos.1 to 11 were to give assurance that possession of the suit shop will be handed over to the Petitioner/Plaintiff without requiring him to go for execution of the decree. Counsel for the said Respondents states on instructions that the said Respondents would abide by such directions to be issued by the Court at the end of the trial. In other words, the order passed by two Courts below in refusing to grant any interim relief, for the reasons recorded therein, is upheld with modification that the Respondents 1 to 11 undertake before this Court through Counsel that they would hand over possession of the suit shop to the Petitioner/Plaintiff in the event the Petitioner/Plaintiff were to finally succeed in the Suit in getting decree in terms of prayer clauses (a) and (b) of the Plaint. Indeed, that would be subject to the right of Respondents 1 to 11 to question the correctness of the decree passed in favour of the Petitioner and the process of handing over possession of the suit shop would be only after the final decision of the superior Court one way or the other. : 3 : 3. All questions in the pending proceedings available to the respective parties are left open to be decided on its own merits in accordance with law uninfluenced by any observations made in the impugned decisions or for that matter in the present order and the assurance given by the Respondents 1 to 11 as recorded hereinbefore. 4. Counsel appearing for the parties submit that the parties would extend full cooperation for early disposal of the Suit. The parties may apply to the Trial Court for early trial of the Suit which application will be considered appropriately. 5. Petition disposed of on the above terms. A.M.KHANWILKAR, J.