1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3213 OF 2010 Manoj K. Bhartiya .. Petitioner versus Pimpri Chinchwad Municipal Corporation .. Respondent Mr.Ashok Bhatewara for the petitioner. CORAM : A.S.OKA, J. DATE : 27th April 2010. P.C.: . Heard learned counsel appearing for the petitioner. The petitioner is the original plaintiff and the respondents are the defendants. A writ petition arising out of an order of temporary injunction passed in the suit is pending in this Court for final disposal. There is an interim order passed in the said writ petition which is operating till today. On the basis of pendency of this writ petition, an application was made by the petitioner-plaintiff before the trial Court contending that the trial Court should stay the proceeding of the suit till the final disposal of the writ petition. By the impugned order, the said application has been rejected. The challenge in this writ petition under Article 227 of the Constitution of India is to the order of rejection of the said application. 2. The learned counsel appearing for the petitioner submitted that if at 2 the time of disposal of the writ petition certain directions are issued by this Court, in all probability the decision in the suit will be contrary to those directions. He submitted that in order to avoid a conflict, the hearing of the suit has to be stayed. 3. In my view, the application made by the petitioner before the trial Court was completely misconceived. What is pending in this Court is a writ petition arising out of interim order passed on application for temporary injunction at Exhibit 5. Notwithstanding the pendency of the said petition, the hearing of the suit has to proceed in as much as on final disposal of the suit, the petition pending in this Court will come to an end. Moreover, while deciding the petition finally, this Court can pass an order which will operate only till the disposal of the suit. Therefore, the trial Court was justified in rejecting the application. It is made clear that notwithstanding the pendency of the said writ petition in this Court, the trial Court will proceed with the hearing of the suit as expeditiously as possible. Writ petition is rejected. (A.S.OKA,J)