ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 5914 OF 2007 PETITION NO. 5914 OF 2007 PETITION NO. 5914 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.Sachin S.Punde for the Petitioner. Mr.Dhananjay Nirgudkar for Respondent Nos. 1 and 2. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 29th September, 2008. : 29th September, 2008. : 29th September, 2008. P.C. P.C. P.C. . The Petitioner, who is original Plaintiff-tenant has challenged the order passed by the Additional Judge, Small Causes Court, Pune in Miscellaneous Civil Appeal No.351/2006 whereby maintained the order of rejection of an Application filed by him whereby the relief was claimed to restrain the Respondents from obstructing the possession of the suit shop. The concurrent findings so arrived at, pending the suit is in operation till this date. Now, by ( 2 ) amendment a declaration is sought that the Petitioner is the tenant in respect of the suit shop. Admittedly, an application Exhibit 17 in suit is pending for hearing, whereby the prayer is to direct the Respondents-Defendants to remove additional locks put by them to the suit shop. 2. Therefore, taking all this into account, and as there is no perversity, I am not inclined to interfere in the said impugned and concurrent orders. However, all points are kept open pursuant to the subsequent amendment made to the plaint. The Trial Court, therefore, decide this Application in accordance with law, uninfluenced by the order earlier passed. 3. In view of this, the present Writ Petition is disposed of. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]