IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.206 OF 2009 WITH CIVIL APPLICATION NO.505 OF 2006 IN WRIT PETITION NO.2680 OF 2003 Harun Yusuf Raavi & Ors. ...Applicants V/s. Shri Sayyad Hidayat Ahmadali & Ors. ...Respondents ...... Ms.Gauri Godse for Applicants. Mr.K.K.Malpathak for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. FEBRUARY 12, 2009. FEBRUARY 12, 2009. FEBRUARY 12, 2009. P.C. 1. Civil Application No.206 of 2009 is allowed by consent. Restored Civil Application No.505 of 2006 is heard forthwith, by consent. 2. Heard Counsel for the parties. 3. Since interim relief has been granted after considering arguments advanced by both the : 2 : sides, the question of vacating interim relief does not arise, except to consider the grievance that after December 2003, the Respondents/original Petitioners have not deposited any amount towards compensation in respect of the suit premises. No such direction was given in order dated 9th December 2003. Interim relief passed on that date is obviously unconditional one. 4. In the circumstances, it is not possible to entertain the grievance of the Applicants for vacating the interim relief at this distance of time which in fact was granted after hearing both sides. Civil Application No.505 of 2006 is rejected. 5. It will be, however, open to the Applicants to take out application claiming relief of fixation of interim compensation/mesne profit which will be considered on its own merits. 6. Needless to observe that this order is not an expression of any opinion in favour of the original Petitioners that default committed by them : 3 : will absolve them in any manner because of this order, which aspect can be considered at the appropriate stage. 7. Writ Petition be proceeded under category senior citizens as per its turn. A.M.KHANWILKAR, J.