1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.5182 OF 1998 Babu Genu Jadhav ...Petitioner vs. 1 Vishwanath Bhikaji Bhondave (W.P.stands dismissed as against R.no.1) 2 Smt.Shantabai Barku Snawane 3 Sou Janabai Ramchandra Gopale 4 Smt.Kamalabai Kashinath Kawade 5 Subhadrabai Mahadu Chavan ...Respondents Ms Snehal Ratnakar h/f Ms Suhasini Mutalik for the petitioner None for the respondents CORAM :A.S.OKA,J. DATE : JANUARY 4, 2010 JUDGMENT : 1 Heard learned counsel for the petitioner. By order dated 4th June 2007 the petition already stands dismissed as against the 1st respondent. None appeared for respondent Nos.2 to 5. 2 The petitioner is the original plaintiff and the respondents are the defendants. A suit for injunction has been filed by the petitioner against the respondents. An application for temporary injunction at Exh.5 was made by the petitioner. On 6th December 1997, the trial court granted ad-interim injunction in favour of the petitioner. The application for temporary injunction was allowed by the trial court by order dated 29th December 1997 and order of ad-interim injunction was confirmed till the final disposal of the suit. The learned Trial Judge restrained the respondents from creating third party interests in respect of the suit property and from 2 disturbing the possession of the petitioner over the suit property. An appeal was preferred by the respondents for challenging the said order. By the impugned Judgment and order dated 31st July 1998, the Appellate Court interfered and has set aside the order of temporary injunction. 3 On 5th October 1998, this court issued rule and granted interim relief in terms of prayer clause (c). Prayer clause (c) is for temporary injunction in terms of the order of temporary injunction granted by the trial court in favour of the petitioner. Interim relief granted by this court on 5th October 1998 is operating till today for a period of more than 11 years. In the circumstances, the said interim relief deserves to be continued till the suit is disposed of. 4 Hence, I pass the following order : i) Interim relief granted by this court on 5th October 1998 will continue to operate till the final disposal of the suit. ii)All contentions of the parties on merits of the suit are expressly kept open and the suit shall be decided without being influenced by the grant of interim relief by this court. iii)Rule is made absolute in above terms with no order as to costs. JUDGE