1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.861 OF 2009 Sumatilal Chimanlal Shah ...Petitioner vs. Smt.Pradnya Purshottam Ghalsai & Anr. ...Respondents Mr.T.D.Deshmukh for the petitioner Mr.N.J.Patil for respondent nos.1 and 2 CORAM :A.S.OKA,J. DATE : AUGUST 28, 2009 P.C. 1 Heard the learned counsel for the petitioner and the learned counsel for the respondents. It is not in dispute that the structure in which the suit premises subject matter of the suit was situated is not in existence and in place of the said structure, a new building has been erected by the respondents. The challenge in this writ petition is to the rejection of the application made by the petitioner for restoration of the suit premises and for placing the petitioner in possession thereof. With the passage of time, now during the pendency of the suit, such a relief cannot be granted as the original structure is not in existence and only on this ground, the petition is not entertained and the same is disposed of. 2 2 It is however made clear that all contentions of the parties on merit are expressly kept open and the suit will be decided by the trial court without being influenced by the observations made in the impugned order. 4 Hearing of the suit is expedited. The suit shall be decided in accordance with law. The disposal of the petition will not preclude the petitioner from filing any appropriate application for amendment of the pleadings. JUDGE