1 WP 7536/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7536 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. N.R. Bubna for the petitioner. CORAM : D.G. KARNIK, J. DATE : 24TH NOVEMBER 2010 P.C. : 1. Heard the learned counsel for the petitioner. 2. The respondents filed a suit against the petitioner – Municipal Corporation for a declaration that the permission granted by the petitioner was valid and that its subsequent purported cancellation was not valid and binding on the petitioner. In the suit, the respondents made an application that in view of 2 WP 7536/10 the two decisions of this Court reported in 2007 (4) All M.R. 97 and 1996 (2) All M.R. 383 and the undertaking given by them to follow the due process of law, the suit be disposed off. The learned trial Judge rejected the said application and declined to dispose off the suit by his order dated 22nd July 2010. That order is impugned in this writ petition. 3. I fail to see how the petitioner could pray for disposal of the suit without its trial. The fact that the petitioner had given an undertaking to follow the due process of law in fact may strengthen the case of the petitioner for a relief of injunction. In any event, the suit could not have been disposed off without framing of issues and recording of findings on those issues. No error is found in the decision of the trial court. The writ petition is rejected summarily. (D.G. KARNIK, J.)