1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.8634 OF 2010 (Gulam Abbas Akbar Ali Badshah V/s.Mrs.Rehamati Akram Khan & Ors.) Office Notes, Office Memorandum | Court’s or Judge’s Orders of Coram, Appearances, Cour’s orders| or directions and Registrar’s orders | Mr.V.A.Shastry for the Petitioner. Coram: A.S.OKA, J. Date : 18th November, 2010 P.C.: 1. Learned counsel appearing for the petitioner states that the petition is confined to the order passed on an application at Exhibit 57. Prayer (a) in the application at Exhibit 57 reads thus:- “(a) The defendant nos.4, 5, their agents/ servants/ employees or any other persons claiming through them, may kingly be restrained by an order of injunction from not entering the suit property alienating the suit property and starting the hotel and any other business in the suit premises or causing any kind of damage to the suit property.” 2. The Courts below have declined to grant discretionary relief of temporary injunction to the petitioner who is the plaintiff. Suit for eviction filed by the petitioner is pending. Such a relief cannot be granted pending a suit for possession. If any illegality is committed by the Respondent during the pendency of the suit, it will always be open to the petitioner to file appropriate proceedings in that behalf. There is no reason to interfere with the discretionary orders passed by both the Courts below. Writ petition is rejected. All the contentions of the petitioner on merits are kept open. (A.S.OKA, J.)