kbp 1 4470-07.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBA CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4470 OF 2007 Bhiwandi Nizampur City Municipal Corporation ..Petitioner Vs. Shabbir Ahmed Sikandar Bhure and ors. ..Respondents ......... Mr.Vijay Killedar i/b.Mr.Nitin Jamdar, for petitioners. Mr.G.T.Kamble i/b.Mr.R.D.Suryawanshi, for respondent nos.1 to 8. .......... CORAM : A.S.OKA, J.. DATE : 12 th OCTOBER, 2009. P.C. : 1] Heard learned counsel for the parties. 2] The challenge in this petition is to the order dated 20 th January, 2007 passed by the learned District Judge by which the original plaintiffs were permitted to put up a temporary structure. A stand has been taken in the affidavit filed by the respondents plaintiffs that a temporary structure in terms of the impugned order has been already put up and its photograph have been annexed to the affidavit. 3] Though, there is a substance in the contentions of the petitioner regarding the legality of the impugned order, as the structure is already put up long back, no purpose will be be served by keeping the petition pending. Hence, the writ petition is not entertained and the same is rejected. It is, however, clarified that kbp 2 4470-07.sxw the structure put up by the respondents original plaintiffs will be subject to the final outcome of the suit and no equity can be claimed by the respondents on the basis of the construction of the temporary structure. 4] All contentions of the parties in the pending suit are kept open. Hearing of the suit is expedited. It is clarified that it is always open for the petitioners to take appropriate steps in accordance with law for the purpose of demolition of the said structure. ( A.S.OKA, J. )