1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 1243 OF 2001 The Municipal Corporation of the City of Thane. ... Petitioner (Org. Defendants) Vs. M/s. Mundra Salt and Chemical Industries & Ors. Respondents (Orig. Plaintiff) Mr. R.S.Apte, Advocate, for the petitioner. Mr. Rajesh S.Datar,Advocate, for the respondents. CORAM: J.H.BHATIA, J. DATE : 8th April, 2010. P.C. 1. Heard the learned Counsel for the parties. 2. The respondent is the original plaintiff in Regular Civil Suit No.34 of 1978 in the Court of Joint Civil Judge, J.D.,Thane wherein the plaintiff had sought a decree of perpetual injunction restraining the defendant - Municipal Corporation from causing any interference in the suit property belonging to the plaintiff till it was acquired as per the provisions of law. The title of the plaintiff was challenged by the defendants Municipal Corporation and the suit was dismissed. The plaintiff filed Regular Civil Appeal No.327 of 1992 and in that appeal, there was an ad-interim order restraining the Municipal Corporation from causing any interference in possession of the plaintiff. Thereafter, the plaintiff filed application Exhibit 36 under Order XXXIX Rule 2A(1), C.P.C. contending 2 that the said order was violated by the Municipal Corporation. The application Exhibit 36 and the Appeal were heard together and disposed of by the judgment dated 1.8.2001 by the learned Additional District Judge, Thane. The learned Additional District Judge allowed the appeal and decreed the suit restraining the Municipal Corporation from creating cloud.. on the right, title and interest of the plaintiff over the suit property till the property was acquired under the law. The learned Additional District Judge also allowed the application Ex.36 and directed to attach the property of the Municipal Commissioner under Order XXXIX Rule 2A(1), C.P.C. for violating the order of inunction. The present application is limited to the order of attachment of the property of the Municipal Commissioner under Oder XXXIX Rule 2A(1), CP.C. 3. The learned Senior Counsel for the Municipal Corporation has pointed out that the said land admeasuring 33 Ares has been already acquired and Award to pay compensation of Rs.1.20 crore has been already passed. The Corporation has deposited amount of Rs.1.32 crore. The Municipal Corporation has challenged the quantum of the compensation by filing a Writ petition and that Writ petition is admitted and pending for final disposal. In that writ petition, the plaintiff has been allowed to withdraw the amount by furnishing bank guarantee. Thus, it is clear that even though before acquisition of the land the 3 present/respondent was owner of the property and he was justified in seeking injunction, he fact remains that after his suit was decreed by allowing the appeal, the Municipal Corporation has followed the provisions of law and has acquired property and paid the same compensation. The petitioner has also expressed apology for violation of the ad-interim order at some stage. 4. Taking into consideration all the circumstances, the order to attach the property of the Municipal Commissioner under Order XXXIX Rule 2A does not survive and has become infructuous. Therefore, in my considered opinion, the Revision Application may be allowed setting aside that order. 5. The Revision Application is allowed. The impugned order to attach the property of the municipal Commissioner under Order XXXIX Rule 2A C.P.C. is hereby set aside. 6. As the Revision Application is finally disposed of, C.A. 407 of 2002 stands disposed of accordingly. (J.H.BHATIA,J.)