1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.689 OF 2008 WITH WRIT PETITION NO.7355 OF 2006 Shri Pandurang Vitthal Deokate. ..Applicant. V/s. Shri Kalu Nivrutti Bhosale. ..Respondent. Mr.S.M.Oak for applicant. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 29, 2009. DATE : JANUARY 29, 2009. DATE : JANUARY 29, 2009. P.C. : P.C. : P.C. : 1. None appears for the opposite party though served. 2. This application is taken out by the Respondent in the Writ Petition against whom interim relief was passed by this Court on 25th April, 2007. The said order however, gives liberty to the applicant to apply for modification of the said interim order after the proceedings before the Tahasildar were decided and the issue answered in favour of the Petitioner. The present application is filed in terms of the said liberty. 2 3. The Applicant has produced copy of the order passed by the Tahasildr dated 7th February, 2008, who has ordered that the opponent Nos. 1 and 2, who are petitioners before this Court shall forthwith remove obstruction put up on the road passing through the land bearing Gat No.595, 596 and 597 of village Nirawagaj. There is nothing on record to indicate that operation of this order passed by the Tahasildar has either been stayed or the same is set aside by the superior forum. On the other hand, the order of Tahasildar has been upheld by the sub-divisional officer. If it is so, applicant is entitled for the relief claimed in this application. Accordingly, interim relief will stand modified to the extent of arrangement ordered by the Tahasildar in his order dated 7th February, 2008. The parties shall have to abide by the said arrangement until disposal of the suit. 4. In this view of the matter, no other issue survives in the pending Writ Petition, as the same was directed against the interlocutory order, which is passed during the pendency of the suit. Accordingly, present application as well as Writ Petition No.7355 of 2006, both proceedings are disposed of on the above terms. 3 (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)