IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO. 335 OF 2002 LETTERS PATENT APPEAL NO. 335 OF 2002 LETTERS PATENT APPEAL NO. 335 OF 2002 IN WRIT PETITION NO. 4253 OF 2002 WRIT PETITION NO. 4253 OF 2002 WRIT PETITION NO. 4253 OF 2002 New Sarnath Co-op.Hsg.Soc.Ltd. ...Appellant V/s. Mrs.Aleya Chinmulgund & Ors. ...Respondents Ms.Nikita Trivedi i/b. Mr.Rajesh Nalavade for the Appellant. Mrs.R.D. Bhatia for Respondent No.1. CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. V.M. KANADE, JJ. V.M. KANADE, JJ. DATED : JANUARY 31, 2008 DATED : JANUARY 31, 2008 DATED : JANUARY 31, 2008 P.C. :- P.C. :- P.C. :- 1. This Letters Patent Appeal arises out of order of the learned Single Judge declining to pass interim order in the pending writ petition. Writ Petition No.4253/2002 was admitted by the Court by order dated 13th August, 2002 and Rule on interim relief was issued. By order dated 27th September, 2002, the learned Single Judge declined to grant any interim relief but expedited the hearing of the writ petition. Against that order, this Letters Patent Appeal has been preferred. The Division Bench by order dated 13th September, 2004 granted interim relief in this Letters Patent Appeal. - 2 - That interim order passed in Letters Patent Appeal is operating till date. 2. The learned Counsel appearing for the respondent submits that she has already complied with that interim order. 3. We have heard the learned Counsel for both the sides. In our opinion, considering that the interim order passed in this Letters Patent Appeal is operating for a such long time and that the writ petition is still pending, hearing of which has already been expedited, in our opinion, the following order would meet the ends of justice :- a) In Writ Petition No.4253/2002, the interim relief granted by the Division Bench in this Letters Patent Appeal by order dated 13th September, 2004 shall operate during the pendency of that writ petition. b) The parties shall be at liberty to move the - 3 - learned Single Judge for any modification in that interim order if necessary. 4. Hearing of the writ petition is already expedited. Therefore, we request the learned Single Judge to hear Writ Petition No.4253/2002 at an early date. 5. Letters Patent Appeal is disposed of. 6. In view of the disposal of the appeal, Civil Application No.393 of 2002 does not survive and it is disposed of. (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)