1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3075 OF 2008 Shri Daulat Bala Jambhulkar. ... Petitioner. V/s. Shri Bhiva Bala Jambhulkar & Ors. ... Respondents. Mr. S.V. Sadavarte for the Petitioner. Mr. S.N. Chandrachud for Respondent 1. CORAM : S.C. DHARMADHIKARI, J. DATED : 15TH JUNE, 2009. P.C. :- Heard Mr. Sadavarte, learned Advocate appearing for the Petitioner and Mr. Chandrachud, learned Advocate appearing for Respondent No.1. 2. Perused the order passed by the Trial Court and the Lower Appellate Court. From the record it appears that the Trial Court's order below Exhibit 5 is confirmed by the 2 Lower Appellate Court on 24th March 2008. Thus, from 2007 till date there is no interim injunction. This Court has, while issuing notice observed that any construction activity at site must abide by the further orders. 3. After hearing both sides, I do not see any reason to interfere with the interlocutory orders of the Court's below. More so, since there is no interlocutory order in favour of the Petitioners from the date of the institution of the Suit itself. In these circumstances, interest of justice would be sub-served if it is directed that any construction activity at site shall be subject to the final decision of the Suit. The parties would, then, not be permitted to claim any equities. All contention of both sides on merits are expressly kept open. The Petition is disposed off in the above terms. S.C. DHARMADHIKARI, J.