1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2671 OF 2009 Shri Dhrupad Shaymbihari Singh & Anr. ..Petitioners. V/s. Mr.Dattu Balkya Pandhra. ..Respondent. Mr.C.K.Tripathi i/b. Mr.Jai Dalal for petitioners. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : MARCH 6, 2009. DATE : MARCH 6, 2009. DATE : MARCH 6, 2009. P.C. : P.C. : P.C. : 1. The grievance made in this Petition is that the lower Court has not granted ad-interim relief. This argument is devoid of merits. The Court below has recorded in order dated 3rd October, 2008 that it is not desirable to issue ad-interim injunction against the defendants unless they are heard. No fault can be found with the said opinion recorded by the Trial Court. However, the further grievance of the Petitioners is that the Trial Court is not passing any order on the prayer for ad-interim relief and has adjourned the matter on every date. 2. The Petitioners may appear before the Trial Court on the next date of hearing, which is stated to be 25th March, 2009 and insist for grant of 2 ad-interim relief, which prayer shall be considered by the Trial Court on its own merit in accordance with the law. No other observation is warranted in this Petition. Disposed of accordingly. 3. The Trial Court shall keep in mind the grievance of the Petitioners that it is essential to pass ad-interim order expeditiously as opposite party is continuing with the construction activities. 4. It will be open to the Petitioners to approach the Trial Court afresh even before 25th March, 2009 and bring that position to the notice of the Court, if so advised in that behalf. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)