1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.559 OF 2009 The Sky Deck Co-operative Housing Society Limited : Petitioner. Versus The Municipal Corporation of Greater Bombay and others. : Respondents. Mr.Jimmy Mehta, i/by Mr.R V Yadav for the Petitioner. Mr.N H Servai, senior counsel, a/w Mr. R N Narula and Mr. A Dasgupta i/by J Narula & Associates for Respondent No.6. Mr.Birendra Saraf with Mr.Gauav Joshi i/by I C Legal for Respondent No.5. Mrs Geeta Jogalekar for the BMC. CORAM : P.B.MAJMUDAR & R.M.SAVANT, JJ DATED : APRIL 21, 2009 P.C. 1. Mr.Mehta, the learned counsel for the Petitioner, submitted that looking to the nature of the proceedings, the Petitioner would like to file a substantive civil suit so that the Petitioner can lead proper evidence in connection with the claim made in the above Writ Petition. Permission to file substantive civil suit is granted to the Petitioner in connection with the subject matter of the instant Writ Petition. 2 2. Learned counsel Mr.Mehta further submitted that in the mean while, the Respondents may be directed to maintain the status quo prevailing as of today for few days so that the Petitioner may approach the civil court within the reasonable time and apply for interim injunction. This prayer of the Petitioner has been seriously opposed by Mr.Servai, the learned senior counsel for the Respondent No.6. 3. In our view, when the Petitioner is permitted to file substantive civil suit, it would not be proper on our part to grant any interim order at this stage as the Petitioner is free to approach the civil court and is free to apply for interim relief by filing appropriate application before the civil court. If such an application for interim relief is pressed into service by the Petitioner, the concerned civil court may decide the same as expeditiously as possible after hearing the concerned parties and in accordance with law so that the prayer for interim injunction if made by the Petitioner can be decided without further delay. The concerned civil court will consider the application 3 preferred by the Petitioner in this behalf and will pass appropriate orders as it deems fit in accordance with law. Even the question of granting ad-interim injunction may be considered by the concerned civil court. However, it is made clear that we have not expressed any opinion in any manner on the merits of the rival contentions of the parties. 4. At this stage, the learned counsel for the Petitioner Mr.Mehta submitted that the Respondents should be directed not to create any third party interest. However, this question is also kept open and can be raised before the concerned civil court by the Petitioner above named. 5. Subject to the above, the above Writ Petition is disposed of. [R.M.SAVANT,J] [P.B.MAJMUDAR,J]