-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1049 OF 2009 IN Writ Petition No. 5150 of 2009 Pradeep Tarachand Kothari. ..Applicant. Versus The State of Maharashtra & Others. ..Respondents. Mr. V. A. Shastri for the Applicant. Mr. A. A. Garge for the respondent no.4. Mr. V. P. Malvankar , AGP for the Respondent nos. 1 to 3 – State. Coram : S. B. Mhase & R. M. Savant, JJ. Date : August 7, 2009. P. C. : 1. Heard. In view of the fact that the issue involved in the instant petition is pending before the Apex Court, as observed by the bench consisting of Justice V. C. Daga and Justice Mrs. Mrudula Bhatkar in the order dated 24th February 2009, the present petition cannot be disposed of unless the said issue is finally decided by the Apex Court. However in the meanwhile if the acquisition is -: 2 :- completed and thereafter possession is taken, the petition will be rendered infructouos. Therefore, the Petitioner has approached this Court by way of the present civil application seeking direction that the Respondents shall not proceed with the acquisition. 2. Therefore, in the interest of justice and to balance the equities on both sides we find it appropriate to observe that the Respondents may proceed with the acquisition proceedings but the Respondent authorities shall not take possession of the Petitioner’s land until further orders from this Court in the above petition. 3. The above Civil Application is accordingly disposed of. (R.M.SAVANT, J.) (S.B.MHASE, J.)