IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6766/2008 Mr.Behram Boman Irani Petitioner vs. Mr.Manohar Keshav Kadam and Anr. Respondents Mr.Chandraknt Chavan for the petitioner Mr.Deepak Chitnis for Chiparikar & Co.for respondent no.1 Coram : Anoop V.Mohta, Date : 6th October,2008. P.C. 1] The petitioner has challenged the order dated 4.9.2007 which is confirmed by the appellate Court on 6.9.2007 . Order dated 4/9/2007 reads as follows. ''On perusal of pleadings of both the parties,it is manifest that the suit building including suit premises has been demolished and reconstructed. The plff.in his application (Exh.25) in para 8 has clearly stated that after receipt of occupation certificate from BMC,he may be allowed to file an application for possession afresh .From these contentions ,it is clear that occupation certificate from BMC for newly constructed building where suit premises is situated is not received by either of the parties to dispute.Hence in such circumstances whatever decision is given on this Injunction application would become infructuous.Hence the following order. O R D E R This application will be decided after issuance of occupation certificate by BMC. The deft.being Secretary of Housing Society where suit 2 premises is situated shall intimate in writing to this Court and to the plff.as to Receipt of occupation Certificate,within two days from its receipt.In meantime,both parties shall within two days, furnish an Undertaking that they shall not use or dispose of suit premises in any mode until decision of this Injunction Application''. Admittedly the main injunction application is still pending for hearing. The case is now fixed on 10.10.2008 for hearing of the application . The appellate Court , however,granted stay of that order . It is in force still 6.10.2008 . In view of this the interim order granted by the appellate Court to continue till 10.10.2008. The Trial Court ,uninfluenced by this order,to dispose the application on merits as expeditiously as possible. The petition is disposed of accordingly only on above reasons,in the fact and circumstances of the case. (Anoop V.Mohta,J.)