8-wp.6013-08 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6013 OF 2008 Hemchand M. Singhania. ..Petitioner. Versus Mahendra C. Sayani and another. ..Respondents. .... Mr.Piyush Shah, Advocate for the Petitioner. Mrs.Snehal Modi, Advocate for Respondent No.1. Mr.R.V. Govilkar, Advocate for Respondent No.2. .... CORAM : D.K. DESHMUKH, AND K.K. TATED, JJ. DATED : 9TH NOVEMBER, 2009 P.C.:- 1. By consent of parties, the petition is disposed of in following terms : [i] The petitioner will file a Civil Suit in appropriate Court of law seeking appropriate relief in relation to room No.55, 3rd Floor, Sitaram Building, Second Phanaswadi, Mumbai within a period of six weeks from today. The petitioner will join the present respondent No.1 as a defendant in the Suit. Before filing the Civil Suit, the petitioner shall serve 8-wp.6013-08 2 copy of that plaint and as also any application that the petitioner intends to make seeking appropriate interim relief in the Civil Suit , on respondent No.1. [ii] It is common ground that the said premises are not occupied by anybody presently, but, they are under lock of respondent No.1. For a period of three months from the date of institution of the Suit by the petitioner, respondent No.1 shall not occupy the premises though he may continue it under his lock. [iii] In case the petitioner obtains an appropriate interim relief in the Civil Suit that he proposes to file, the disposal of the room would be governed by the interim order or final order that may be passed in the Civil Suit. [iv] In case, the petitioner fails to get an appropriate interim or final order in that Civil Suit at the end of the period mentioned above, the respondent No.1 shall be at liberty to occupy the room. [v] It is made clear that the Civil Suit and any application for interim relief that the petitioner may make shall be decided by the Civil Court on its own merit on the basis of the material produced before it, without being influenced 8-wp.6013-08 3 by the order passed by the Administrator General, Maharashtra State, Mumbai which is challenged in this Petition, or this order. [vi] It is further made clear that this order is being made to make ad-interim arrangement by consent of the parties and without prejudice to the rights and contentions of both sides. [vii] Writ Petition is disposed of accordingly. No order as to costs. (D.K.DESHMUKH,J) (K.K. TATED,J)