1 CAW No.907/11 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.907 of 2011 IN WRIT PETITION NO.2952 of 2009 Krishna Narayan Mahale and Anr ... Applicants versus Eknath Abaji Mahale and Anr ... Respondents ... Mr.Vikas Shivarkar for the petitioner. Mr.S.S. Kulkarni for the respondents. CORAM : D.G. KARNIK, J DATED : 22nd June 2011 P.C. 1. Heard learned counsel for the applicant. 2. Mr.Kulkarni, learned counsel for the respondents states that despite his talking to respondent no.1 on telephone and despite a letter, respondents are not responding. He reports no instructions and tenders a purshis for “no instructions”. 3. Counsel for the applicant submits that the interim order dated 25 August 2009 was obtained by the respondents by suppression of material facts and mis-statements. In particular, he invited my attention to paragraph no.2 of the order dated 25 August 2009 passed by this court which is to the following effect. 2 CAW No.907/11 “The Sub Divisional Officer will expeditiously decide the Tenancy Appeal No.5 of 2007. The appeal shall be decided as expeditiously as possible and preferably before the end of November 2009. 4. He further submits that in fact the tenancy appeal no.5 of 2007 was already decided on 28 February 2008, long before the order dated 25 August 2009 was passed. A copy of the decision in the tenancy appeal is annexed to the civil application at Exhibit A. By suppressing the fact that tenancy appeal no.5 of 2007 was decided, interim relief was obtained by the respondents in the civil application, who are the petitioners in the writ petition. 5. It does appear that the order dated 25 August 2009 was obtained from the court not only by suppressing the material fact but by falsely representing that tenancy appeal no.5 of 2007 was pending. In the circumstances, civil application is allowed. Interim relief granted by the court vide order dated 25 August 2009 is vacated and civil application is allowed in terms of prayer clause (a). (D.G.KARNIK, J)