1 wp4038-11 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 4038 OF 2011 Bajirao Baburao Kalbhor .. Petitioner Versus Pimpri Chinchwad Municipal Corporation and others ... Respondents Mr. N. V. Vechalekar i/by Mr.N. V. Vechalekar for the petitioner Mr. Deepak R. More a/w Dilip P. Shinde for respondent no.1 Mr. Vinod Jadhav i/by Vinod Patil for respondent No.2 CORAM : R. Y. GANOO, J. DATED : 3rd October, 2011 P.C. 1. In a suit being Special Civil Suit No. 187 of 2011 filed before the learned Civil Judge, Senior Division, Pune, the petitioner applied for interim relief in terms of Exh.5 as not to take possession. That application was rejected. Against which, Miscellaneous Civil Appeal No. 89 of 2011 was filed in the Court of District Judge, Pune. That Appeal also was rejected by order dated 7th April, 2011. 2. I have heard learned advocate for the petitioner. It is a common ground that the land in question have been acquired by respondent no.2. The said order of acquisition, as on today, subsists. If this is the factual position, the acquiring body is entitled to take possession of the land in question and deal 2 wp4038-11 with the land in accordance with the provisions of law. Surely, the petitioner, whose land is already acquired cannot restrain the acquiring body from taking possession. Injunction is rightly rejected by the learned trial Judge and the appeal was also rejected rightly rejected. No interference is required. 3. Petition is dismissed at the stage of admission. 4. By way of token cost, the petitioner to pay sum of Rs.2000/- to respondent no.2 Cost condition precedent for future steps in the suit. (R. Y. GANOO, J.)