1 234 ao.614.06 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 614 OF 2006 Anwar Janmohammed Ansari and others. ... Appellants Versus Bhiwandi Nizampura City Municipal Corporation. ... Respondent ----- Mr. A.R.S.Baxi for the Appellants. ----- CORAM : A.S.OKA, J. DATE : 02 nd May, 2011. ORAL JUDGMENT: 1 Called out for final hearing. Heard the learned counsel appearing for the Appellants. 2 Appellants are the original plaintiffs. The Appellants filed a suit against the Respondent for injunction restraining the Respondent from demolishing the suit property. An application for temporary injunction was taken out in the said suit. By order dated 20 th July, 2006, which is impugned in this appeal, the application for temporary injunction was rejected. The earlier ad-interim relief granted directing the parties to 2 234 ao.614.06 maintain status-quo was vacated. 3 In Civil Application No. 812 of 2006, on 7 th September 2006, while admitting the appeal, this Court granted interim injunction in terms of prayer clause (b). The said interim injunction is operative till today. The learned counsel appearing for the Appellants on instructions states that the main suit is still pending. 4 Thus, the interim injunction which was granted by this Court after hearing both the parties is operating from 7 th September, 2006. The suit is of the year 2005. Therefore, at this stage, the order of injunction passed by this Court cannot be disturbed especially when the suit is pending. 5 Hence, the appeal from order is disposed of by passing the following order: i. The interim relief granted by this Court on 7 th September, 2006 in Civil Application No. 812 of 2006 shall continue to operate till the disposal of 3 234 ao.614.06 the suit ; ii. The suit shall be decided on its own merits without being influenced by the impugned order as well as the order passed by this Court granting interim injunction ; iii. The appeal is disposed of on above terms with no order as to costs ; iv. Civil Application No. 812 of 2006 does not survive and the same is disposed of. [ A.S.OKA, J ]