KBP 1254-95.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1254 OF 1995 WITH CIVIL APPLICATION NO.6700 OF 1995 Hariram Kimatmal and ors. ..Petitioners Vs. Samanomal Shakhimal ..Respondent ......... Ms.Nisha Valgni, for petitioners. Mr.Vijay Patil, for respondent no.3. ......... CORAM : A.S.OKA, J.. DATE : 31 th August, 2009. P.C. : 1] Heard learned counsel for petitioners and learned counsel for the third respondent. The first respondent is already dead. The Advocate for second respondent has been granted discharge. None appeared for the second respondent. 2] The petitioners are legal representatives of original plaintiff. A suit for declaration and injunction was filed by the original plaintiff. An application for interim injunction was made which came to be rejected. An appeal was preferred by the present petitioners. The said appeal has been dismissed and the said order has been impugned in this writ petition under Article 227 of the Constitution of India. 3] Perusal of order dated 20 th March, 1995 passed by this Court shows that when Rule was issued in this petition, ad-interim relief was granted in terms of prayer clauses “b” and “c”. Perusal of the record shows that the said KBP 1254-95.sxw 2 ad-interim relief has not been vacated till today. There is a Civil Application No.6700 of 1995 filed by the first and second respondents praying for vacating the ad-interim relief. The said civil application has been ordered to be heard along with main petition. 4] Thus, the ad-interim relief granted by this court way back on 20 th March, 1995 continues to operate till today. If the suit is pending, the said relief will have to be continued till the disposal of the suit. Therefore, the petition need not be kept pending and the same is disposed of by passing the following order: (a) If original suit is still pending, the ad-interim relief granted by this court on 20 th March, 1995 shall continue to operate till the disposal of the suit. (b) All contentions of the parties on merits in the suit are expressly kept open and the trial court shall decide the suit without being influenced by grant of ad-interim relief by this court. (c) Writ petition is disposed of in he above terms. (d) In view of the dismissal of this writ petition, Civil Application No.6700 of 1995 does not survive and the same is disposed of. ( A.S.OKA, J. )