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.7118 OF 2008 Mr.Anwar Mahmood Khan ..Petitioner. V/s. Mr.Mahesh M. Kumbhar & ors. ..Respondents. Mr.H.E.Palwe for petitioner. Mr.Sandesh Patil for Respondent No.1. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 14, 2009. DATE : JANUARY 14, 2009. DATE : JANUARY 14, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. No interference in exercise of writ jurisdiction under Article 227 is warranted in the fact situation of the present case. The view taken by the Appellate Court at this interlocutory stage is a possible view. At best, the Petitioner would be entitled for protection that in the event, the Petitioner succeeds in the suit, all activities undertaken by the Respondents/Defendants on the disputed land being Survey No.106/2 shall be made subject to the outcome of the suit. The Respondents/Defendants undertake through Counsel that they shall remove structure put up on the disputed 2 land, if the Civil Court would so direct at the end of the trial. The Respondent shall carry out further construction on the disputed land entirely at their risk and cost with clear understanding that the structure will have to be removed at their own costs, in the event the Suit was to be decreed in favour of the Petitioner. 3. Petition disposed of on the above terms. 4. It will be open to the parties to apply before the trial Court for expediting the suit. That application be considered on its own merit. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)