1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. WRIT PETITION NO.7403/2008 Lalit Rupchand Parekh and others. ..Petitioners. -VERSUS- Shripad Ramchandra Anjurkar and others. ..Respondents ......... Mr.Rajesh S. Datar, Advocate for the Petitioners. Mr.R.A.Thorat and Mr.P.B.Gujar, Advocates for the Respondent No.1. Mr.Ajit Ram Pitale, Advocate for the Respondents Nos.2 to 4. .......... CORAM : S.C.DHARMADHIKARI, J. DATED : 17th APRIL, 2009. P.C. : 1. Rule. Returnable forthwith. By consent taken up for hearing at this stage itself. 2. This Writ Petition is directed against the order of the lower Appellate Court vacating interim injunction granted in favour of the Petitioners. The order under challenge allows Misc. Civil Appeal No.8/2008. The lower Appellate Court set aside the order dated 06.12.2007 of the Trial Court below Exhibit-5 in Regular Civil Suit 2 No.486/2007. 3. The grievance of the Petitioners is that the suit was filed by all of them against Thane Municipal Corporation and it' s officers so also the landlord for declaration that the suit notice is bad in law and no action be initiated in pursuance of the same. The suit notice is dated 01.08.2007 and it is issued by the Thane Municipal Corporation original Defendant No.1. 4. The argument of the Petitioners was that the suit notice is issued arbitrarily and in high handed manner at the instance of the other Defendants with whom they have dispute and is therefore, untenable. Naturally, the allegation that the suit notice being issued at the instance of the other Defendants means the landlord/owner of the suit property. In such a suit, an application for interim injunction was made and the Trial Court after hearing both sides, restrained the Thane Municipal Corporation from demolishing the suit premises or causing obstruction to the Plaintiffs in the user thereof. At the same time, an opportunity was granted to the Defendants to resort to due process of law. 5. This order was challenged not by the Municipal Corporation but by the Defendant No.4/ landlord and Misc. Civil Appeal came to be allowed as stated above. 6. After matter was heard for some time, Mr.Datar appearing for the Petitioners, upon instructions from the Petitioners/Plaintiffs, states that the Plaintiffs would appear before the Thane Municipal 3 Corporation and satisfy its authorities that the suit notice could not have been issued. Mr.Thorat appearing for the Respondent No.1, after taking instructions from the Respondent No.1/original Defendant No.4, states that he has no objection to this course of action provided the landlord/owner is also given an opportunity to appear before the Thane Municipal Corporation and the Corporation decides the matter in a stipulated time frame. 7. Accordingly, this petition is disposed of with the following directions:- (i)The Plaintiffs shall appear before the Thane Municipal Corporation on 24.04.2009 and the Corporation, thereafter, to hear the Plaintiffs and Defendants Nos.4 and 5 to the suit and pass an reasoned order in accordance with law uninfluenced by the observations of the lower Appellate Court. The Corporation shall pass the order within a period of four weeks from the date of appearance of the parties. (ii)Needless to state that if the Plaintiffs fail to appear on the date specified above, then, the Corporation can proceed on the basis of the lower Appellate Court' s order and findings. (iii)To enable the Plaintiffs to appear and satisfy the Corporation, the order of status-quo passed by this Court shall continue initially for a period of four weeks and if the Plaintiffs appear as directed above so also if final out come is adverse to the Plaintiffs, the order of status-quo shall continue for a period of 4 six weeks from the date of receipt of such adverse order. (iv)The Corporation and the parties shall proceed on the basis that this Court has not gone into rival contentions and merits. The authorities should not be influenced by the order of status- quo as well. (v)Needless to state that in the light of this order, the suit is rendered infructuous and the Trial Court shall dispose of it accordingly. However, all pleas raised therein as well as this Writ Petition can be raised during the hearing before the Municipal Corporation. They are specifically kept open. 8. Rule is made absolute accordingly. JUDGE