:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 3843 OF PETITION NO. 3843 OF PETITION NO. 3843 OF 2009 2009 2009 Diamond King Import Private Ltd. ... Petitioner. V/s. M/s. Eagle Construction Company. ... Respondents. Mr. D.H. Pawar for the Petitioner. Mr. Amit B. Borkar for the Respondents 1(i to iv). ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 17TH 17TH 17TH APRIL 2009. APRIL 2009. APRIL 2009. P.C. P.C. P.C. : : : . Heard learned Counsel appearing for the parties. Perused the impugned order. 2. Misc. Civil Appeal No. 119 of 2007 was preferred by the Petitioner - Appellant challenging the order of the Trial Court dated 1st August 2007, rejecting the application for temporary injunction. 3. The Petitioner - Appellant is the Original Plaintiff in Regular Civil Suit No. 379 of 2007. The Lower Appellate Court has dismissed the Appeal and that is how the instant Writ Petition. 4. Now, it is undisputed that the physical possession of the premises in question is taken over by the Respondent - Defendant and they have placed their locks on the same. :2: 5. However, it is stated that the Respondents have forcibly dispossessed the Petitioner during the pendency of the proceedings and there are also goods/articles worth Rs.30 to 40 lakhs lying in the suit premises and they belong to the Petitioner. 6. Needless therefore to state that all these aspects can be pointed out to the Trial Court by amending the plaint and after the plaint is amended, it would be open for the Petitioner to seek such interim orders as are permissible in law, including seeking restoration of their possession. All pleas of both sides in that behalf are kept open. The application for amendment so also any further application for Interim relief if the same is granted, should be considered by the Trial Court without being influenced by any observations of Lower Appellate Court and on its own merits, in accordance with law. With these clarifications, this Writ Petition is disposed off. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)