hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO. 741 OF 2004 Thane Municipal Corporation ... Petitioner Versus Federation of Organization for Community Upliftment Services and Ors. ... Respondents Mr. M.V. Limaye holding for Mr. R.S. Apte, advocate for petitioner. None for Respondents. CORAM : SMT. R.P. SONDURBALDOTA,J. DATED : OCTOBER 20, 2010 P.C. 1. The respondent and his advocate absent. The respondent has not been appearing for the long time. On the oral submissions made on behalf of the petitioner, the petition is restored to file. 2. The respondents have filed Regular Civil Suit No. 694 of 2003 for declaration that the Petitioner has no right to dump garbage at the suit site and for injunction to restrain the petitioner from dumping garbage at that site. Immediately after filing of the suit, the respondents had filed an application at Exh. 5 for an interim injunction which was dismissed by the order dated 12.11.2003. The respondents then preferred Misc. Civil Appeal No. 184 of 2003 to the District Court. By the order dated 23.12.2003, the District Court allowed the appeal and granted interim injunction to restrain the petitioner from dumping the solid waste garbage at the suit site from a future date i.e. 7.1.2004 till the decision of the suit. The date of 7.1.2004 came to be later extended till 14.1.2004. The district Court, however, stayed this order, which stay came to be continued in the present petition by the order dated 14.1.2004. Thus the order of injunction granted by the District Court has never come into operation. The counsel for the petitioner today makes a statement that the suit has been adjourned by the trial court to 12.11.2010 for judgment. In that circumstance, taking an overall view of the matter, the following order would serve the ends of justice. Writ Petition is disposed off. The order dated 23.12.2003 passed by the District Court in Misc. Civil Appeal No. 184 of 2003 is stayed until final disposal of the suit. (SMT. R.P. SONDURBALDOTA,J.)