-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION 1. WRIT PETITION NO.9199 OF 2007 1. WRIT PETITION NO.9199 OF 2007 1. WRIT PETITION NO.9199 OF 2007 The Chairman, The Merchants Association, Jaysingpur Petitioners. Vs Mahavir Shivgonda Sidnale & anr. Respondents. WITH 2. WRIT PETITION NO.9223 OF 2007 2. WRIT PETITION NO.9223 OF 2007 2. WRIT PETITION NO.9223 OF 2007 The Chairman, The Merchants Association, Jaysingpur Petitioner. Vs Rajendra Dada Aarbale & anr. Respondents. WITH 3. WRIT PETITION NO.9208 OF 2007 3. WRIT PETITION NO.9208 OF 2007 3. WRIT PETITION NO.9208 OF 2007 The Chairman, The Merchants Association, Jaysingpur Petitioner. Vs Sukumar Kallappa Awati & anr. Respondents. WITH 4. WRIT PETITION NO.9209 OF 2007 4. WRIT PETITION NO.9209 OF 2007 4. WRIT PETITION NO.9209 OF 2007 The Chairman, The Merchants Association, Jaysingpur Petitioner. Vs Sunil Vijaykumar Bhokare & anr. Respondents. WITH 5. WRIT PETITION NO.9214 OF 2007 5. WRIT PETITION NO.9214 OF 2007 5. WRIT PETITION NO.9214 OF 2007 The Chairman, -2- The Merchants Association, Jaysingpur Petitioner. Vs Sheetal Baburao Arbale & anr. Respondents. Mr P.S.Dani, for the petitioners. Mr Vijay Killedar, for respondent no.1. CORAM : D.B.Bhosale,J. CORAM : D.B.Bhosale,J. CORAM : D.B.Bhosale,J. DATE : 26.02.08. DATE : 26.02.08. DATE : 26.02.08. PC: PC: PC: 1. Heard Mr Dani, learned counsel for the petitioner and Mr.Killedar, learned counsel for respondent no.1. 2. These writ petitions challenge concurrent findings of facts recorded by the courts below in the proceedings arising from the application made by the respondent-plaintiff at Exhibit-5. The trial Court, by order dated 1.10.2005, allowed the application at Exhibit-5 and restrained defendant no.1 from making any construction in the suit premises. That order has been confirmed by the appellate court vide order dated 31.3.07. The courts below seem to have granted the order of injunction on two grounds. Firstly, the suit premises is appurtenant to the shops occupied by the respondent-plantiff and secondly on the ground that there are no valid permissions granted by the concerned authorities for making construction on the suit -3- premises. Insofar as the first ground is concerned, I am not examining the merits of the contentions advanced by the learned counsel for the parties and the issue is kept open for the trial Court to decide after allowing the parties to lead evidence. Insofar as the second contention is concerned, both the learned counsel for the parties have agreed for disposal of these petitions by the following order. (a) The petitioner shall not make any construction whatsoever on the suit land unless and until they obtain valid permissions from all the authorities and comply with all the conditions imposed by such authorities for granting permission to make construction on the said open plot of land. The petitioner, after obtaining all necessary permissions including the permission which they have already obtained, and after complying with all the conditions mentioned in such permissions, shall apply to the trial Court for vacating the interim injunction granted by the impugned orders. If such an application is filed by the petitioner after placing all the relevant and necessary documents on record indicating valid permissions to construct on the suit land the trial Court shall consider and decide the same as expeditiously as possible and preferably within a period of 12 weeks from the date of filing the -4- application. The trial Court shall decide the application in accordance with law and uninfluenced by the observations made in the impugned orders. All contentions of the parties are kept open. (b) Considering the nature of controversy involved in the present proceedings, the trial court shall endeavour to dispose of Regular Civil Suit Nos.150/2005 to 154/2005, as expeditiously as possible and preferably within a period of one year from the date of receipt of this order. Parties are directed to cooperate for disposal of the suits within the timeframe. With these observations, the writ petitions are disposed of (D.B.Bhosale,J.) (D.B.Bhosale,J.) (D.B.Bhosale,J.)