1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.718 OF 2007 Regency Mahavir Constructions and Anr. .. Appellants Versus Pune Municipal Corporation & Ors.. Respondents Mr.Y.S.Jahagirdar, Senior Advocate i/b. M/S.ALMT Legal for petitioners Mr.V.G.Mujumdar for respondent Corporation CORAM : S.C.DHARMADHIKARI, J. DATE : 7th March 2008 P.C. . This A.O. is directed against an interim order of the trial court. The interim order is 2 in a suit filed by the appellant plaintiff for declaration and permanent injunction against Pune Municipal Corporation. In that suit, they applied for temporary injunction in terms of prayers in the suit. 2. That application was decided without any reply from the Corporation or any denial or averments in the application for interim relief or plaint. 3. Having perused the impugned order with the assistance of Mr.Jahagirdar and Mr.Mujumdar, I am satisfied that the learned Judge has rendered conclusive findings after a detailed scrutiny at the interlocutory stage. This has prejudiced the appellants original plaintiffs because the points framed have been answered against them without any written statement or reply to the application for temporary injunction. I need not go into the details of 3 the controversy inasmuch as the appellants do not admit that they have perpetrated any fraud on the Corporation in claiming that part completion certificate was granted, site was inspected and the corporation was satisfied with regard to the construction. Now, the construction is complete, flats/tenaments have been alienated and are occupied by the purchaser. The completion certificate is with held on account of impugned notice. 4. The Corporation has its own version and Mr.Mujumdar prays for time to file written statement. 5. In my view, the trial court would have been well advised to await any response from the Corporation considering the peculiar facts of this case. Before making any prima facie observations with regard to contents of the certain documents, the trial judge should have 4 called for an affidavit from the Corporation explaining its stand and supporting the notice under section 258 of the B.P.M.C. Act. 6. That having not been done, the order under challenge is clearly unsustainable. It is accordingly quashed and set aside. Exhibit 5 application is restored to the file of trial court for disposal afresh on merits and in accordance with law, uninfluenced by any earlier observations. The Pune Municipal Corporation and other defendants to the suit shall file their written statement within two weeks from today and the trial judge upon the same being placed on record endeavour and dispose of the application Exh.5 within four weeks thereafter. Parties to cooperate in the early disposal of the proceedings by not seeking unnecessary adjournments. Appeal disposed of. Needless to state that if the Corporation desires to rely upon any other and further documents, it may file 5 them along with their written statement. 7. Till the application Exh.5 is decided by the trial court, order of status quo passed by this Court to continue. In view of disposal of Appeal, C.A. if any does not survive and same is dismissed as such. (S.C.Dharmadhikari, J)