ash 1 ao-759.06 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO. 759 OF 2006 Rizvi Land Developments Pvt. Ltd. .. Appellant Vs The Municipal Corporation of Greater Mumbai. .. Respondent -- Shri Parag Sharma i/by Shri M.J. Shetty for the Appellant. Smt. K. K. Soraan for the Respondent. -- CORAM ; A.S. OKA, J DATED : 30TH MARCH, 2011 JUDGMENT : . Heard learned counsel appearing for the Appellant and learned counsel appearing for Respondent. 2. The Appellant is the original Plaintiff and the Respondent- Corporation is the original Defendant. In a suit filed by the Appellant, a Notice of Motion was taken out by the Appellant seeking injunction restraining the Respondent Corporation from disturbing the peaceful possession and/or from dispossessing the Appellant from the suit property without following due process of law. 3. On 9th November, 2006, this Court disposed of Civil Application filed in the Appeal by granting injunction in terms of prayer clause (b) which prevented dispossession of the Appellant otherwise than by following due process of law. The said order has been in force for last more than four years. ash 2 ao-759.06 The said order prevents dispossession of the Appellant otherwise than by following due process of law and taking over possession of the suit property. 4. While passing the said order, this Court recorded a statement of learned counsel appearing for the Respondent that there is no record with the Mumbai Municipal Corporation regarding taking over of the possession of the suit property. Even as of today, no material is produced by the Respondent to show that the possession of the suit property was taken over. 5. Hence, the Appeal must succeed and I pass the following order. (a) Interim relief granted on 9th November, 2006 in Civil Application No. 1030 of 2006 will continue to operate till the disposal of the suit. (b) All contentions of the parties on merits of the suit are kept open. (c) The suit will be decided on its own merits without being influenced by the impugned order as well as the order passed by this Court granting interim relief. (e) The Appeal is disposed of on above terms. ( A.S. OKA, J )