1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5541 OF 2008 Shri Zhapu Mannu Pawar & Ors. ..Petitioners. V/s. Collector, District Pune,& Ors. ..Respondents. Mr.Jaydeep S. Deo for petitioners. Mr.Manoj M. Kondre for Respondent No.4. Mr.S.D.Rayrikar, AGP for State. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 23, 2009. DATE : JANUARY 23, 2009. DATE : JANUARY 23, 2009. P.C. : P.C. : P.C. : 1. This Petition is directed against interlocutory order passed by the Court below during pendency of the Suit. Court below has rejected prayer for interim injunction not to dispossess the Petitioners from the suit premises. 2. Counsel for the Respondents on instructions states that the Respondents shall not unilaterally dispossess the Petitioners from the suit premises but shall take recourse to procedure established by law. 3. As the Respondents have assured to follow due process of law before taking any precipitative action against the Petitioner, nothing survives for 2 consideration in the interim application. The same is disposed of on that basis. All questions with regard to the proposed action of the Respondents in respect of the suit structure are left open to be decided on its own merit in accordance with law in appropriate proceeding. In view of this arrangement, relief claimed in the main suit in terms of prayer clause (a) gets worked out. The suit shall however, proceed with regard to the other reliefs claimed therein, which will be decided on its own merit on the basis of evidence, that will be adduced by the respective parties during the course of the trial. 4. Petition disposed of on the terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)