1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CIVIL APPICATION NO.12450 OF 2008 IN WRIT PETITION NO.2692 OF 2007 Uttamrao Rambhaji Shelke & anr ..APPLICANTS VERSUS The State of Mah. & ors. ..RESPONDENTS Mr S.B. Talekar, Advocate for the applicants; Mr V.H. Dighe, AGP for respondents no.1 to 3 & 5; Mr S.T. Shelke, Advocate for respondents no.4 & 6; Mr P.S. Dighe, Advocate holding for Mr R.N. Dhorde for respondents no. 9 to 14, 16, 17, 19, 23 & 25 Mr S.P. Deshmukh, Advocate for respondent no.28; Mr V.D. Hon, Advocate for respondent no.27 Mr N.P. Patil, Advocate for respondent no.18, 21 & 22 CORAM : P.V. HARDAS AND B.R. GAVAI, JJ. DATE : 21st August 2009 PER COURT : Applicants have filed the present application for grant of interim injunction restraining the respondents, their agents, subordinate and servants from allotting the shops and creating third party interest in respect of the shops constructed on the land of the Sansthan, pending hearing and final disposal of this petition. 2. By our earlier order dated 17.3.2008 we have directed that the construction carried by the respondent no.28 shall be subject to the 2 result of the petition. It has further been observed that respondent no.28 shall not claim any equities in respect of the construction, if so carried out. 3. Since we have already protected the interest earlier, we are inclined to dispose of the present Civil Application by following orders :- The allotment of shops, if any, by the respondent no.27/28 shall be subject to the result of the petition. The allottees of the shops would be informed by the respondent no.27 about the pendency of the present petition and the order passed by this Court and they should also be informed that they will not be entitled to claim any equities on account of such allotment. 4. At this stage, Shri Talekar, learned Counsel appearing on behalf of the applicants prays for grant of interim injunction for a period of fifteen days so as to enable the applicants to approach the Apex Court. 5. Since we have amply protected the interest of the applicants and also the trust, we are not inclined to grant the said prayer. The said prayer is rejected. ( B.R. GAVAI, J.) ( P.V.HARDAS, J.) amj/ca12450.08