IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.844 OF 2006 WITH CIVIL APPLICATION NO.843 OF 2006 IN WRIT PETITION NO.54 OF 2001 Zakiabai Fida Hussain & Anr. ...Applicants Versus Mohammed Hasham Valid Riyas ...Respondent ...... None for Applicants. Mr.P.S.Dani for Respondent. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. JULY 22, 2008. JULY 22, 2008. JULY 22, 2008. P.C. P.C. P.C. 1. None appears for the Applicants when the matter is called out. Dismissed for non-prosecution. 2. Later on, Mrs.B.P.Jakhade for Applicants mentioned the matter requesting to recall the order dismissing the Applications for default on the : 2 : ground that when the matter was called out, she was busy in some other Court. 3. For the reason mentioned, order dismissing the Applications for non-prosecution is recalled. Matter is restored to file to its original number. 4. Heard Counsel for the parties. 5. As the Writ Petition is already admitted as back as on 10th January 2001 from which date, the interim relief is operating in favour of the Petitioners, coupled with the nature of controversy involved in the main matter, it is not possible to accede to the request of the Applicants to vacate the interim relief. That prayer is rejected. 6. Insofar as relief of appointing Court Receiver is concerned, which is prayed as alternate relief, the same is also rejected. However, it is expected that during the pendency of the Writ Petition, Petitioners shall maintain status-quo with regard to the suit property till the final : 3 : decision is rendered by this Court. 7. Applications disposed of on the above terms. A.M.KHANWILKAR, J.