Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 469 of 1995 Bhalchandra Balwant Apte ...Petitioner v/s. Anant Chitra Mandir & ors. ...Respondents Mr. R.S.Apte for the petitioner. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : MARCH 05, 2009 : MARCH 05, 2009 : MARCH 05, 2009 P.C. . This Petition under Article 227 of the Constitution of India takes exception to the order passed by the Courts below on interim application for injunction during the pendency of the Suit. Two separate applications were filed by the plaintiffs and defendant no.3 respectively. The Trial Court granted injunction against defendant no.3 as prayed by the plaintiffs; whereas the Appellate Court reversed that opinion and granted injunction in favour of defendant no.3 and against the plaintiffs. At the sametime, the order passed by the Appellate Court was stayed on condition that respondent-plaintiff should furnish security of Rs. 25,000/- to stay the operation of the order passed in the appeal preferred by defendant no.3. The Petitioner-plaintiff has already complied with the said requirement. 2 2. This Court while admitting the Writ Petition stayed the operation of the order passed by the Appellate Court as noted in order dated 1-2-1995. However, what is relevant for our purpose is to note that during the pendency of this writ petition, the parties had approached the competent authority with regard to issue of licence. The view taken by the competent authority was challenged right upto this Court by way of Writ Petition No. 2695/1995. This Court while addressing the said aspect thought it appropriate to appoint Court Receiver who in turn would appoint an able person as Agent of the Court Receiver to conduct the business run from the suit premises. The order passed by the Division Bench of our High Court in Writ Petition No. 2695/1995 has been confirmed by the Apex Court on 19-1-1996 in SLP Civil No. 23401/1995 with some modification of the conditions put by this Court. The fact remains that as of now the Court Receiver has taken over possession of the disputed property. In view of this development, the question of granting interim-relief either in favour of plaintiff or defendant no.3 does not arise. 3. Accordingly, nothing survives for consideration in the present proceedings. The same is disposed of for that reason. The Petitioner who has deposited sum of Rs. 25,000/- before the Appellate Court in terms of 3 order dated 16th January, 1995, however, is at liberty to withdraw the said amount alongwith interest accrued thereon, if any. Ordered accordingly. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]