: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.454 OF 2008 WITH CIVIL APPLICATION NO.532 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.N.V. Walavalkar, Senior Counsel with Mr.A.M. Ranpise for the Appellant. Mr.B.H. Mehta, AGP for Respondent Nos.1 and 4. Mr.D.A. Tayshete for Respondent No.2. CORAM : S.J. VAZIFDAR, J. DATED : 30TH JUNE, 2008. P.C. : 1. Admit and heard finally. 2. The amendment was granted by the impugned order. The application for interim reliefs regarding the allotment of nine rooms was rejected only on the basis of the judgment of this Court in the case of Shivaji Krishna Zunjare & Anr. v. : 2 : State of Maharashtra & Ors., 2004(6) B.C.R. 133. 3. Upon granting the amendment, the learned Judge ought to have been left the Appellant to take out a fresh application for injunction, in which the merits of the case would be decided. 4. In the circumstances, the impugned order only in so far as it refuses interim reliefs is set-aside. Needless to clarify that the impugned order in so far as it grants the amendment stands. The Appellant shall be at liberty to take out a fresh application for ad-interim and interim reliefs. The same, if made, will be decided on its own merits without being influenced by the impugned order. Any application for ad-interim or interim reliefs will be made only after giving notice to the advocates in the trial Court of the other parties. All the rights and contentions of the parties are kept open. 5. The Appeal from Order is : 3 : accordingly disposed of. The Civil Application is also disposed of.