1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2866 OF 2005 Mira Bhayander Municipal Corporation .... Petitioner Vs. Vishnu Vasudeo Shirvalkar .... Respondent WITH WRIT PETITION NO.2867 OF 2005 Mira Bhayander Municipal Corporation .... Petitioner Vs. Suresh Gabgaram Kawankar ... Respondent WITH WRIT PETITION NO.2868 OF 2005 Mira Bhayander Municipal Corporation .... Petitioner Vs. Hemant Jagannath Gharat & Ors. .... Respondents WITH WRIT PETITION NO.2869 OF 2005 Mira Bhayander Municipal Corporation .... Petitioner Vs. Gopal Yashwant Kawankar .... Respondents 2 Mr.Mandar Limaye h/f. Mr.R.S.Apte, for the Petitioner in all writ petitions. None for the Respondent. CORAM : A.S. OKA, J. DATE : 16 th OCTOBER, 2009 P.C. : Heard the learned counsel appearing for the Petitioner. 2. Rule has been issued in these Writ Petitions and these Petitions have been fixed for hearing as to interim relief. The learned counsel for the Petitioner states that the suits are still pending and they have reached the stage of final hearing. 3. In the suits filed by the original Plaintiffs, the Trial Court granted temporary injunction against the Petitioner restraining the Petitioner Corporation from dispossessing the 3 Plaintiffs from the suit premises till the disposal of the suits. 4. There were Appeals preferred by both the parties. The Appellate Court modified the order of the Trial Court by passing following order : “2. Order on injunction application Exh.5 is modified as under :- Appellant/defendants are restrained from dispossessing the plaintiffs during penency of the suit till the suit is decided on merit subject to deposit of Rs.200/- per month by plaintiffs after the date of possession of the shops towards maintenance charges, Municipal taxes and part of the rent adjustable at the time of final Judgment, within one month from the date of this order.” 5. The orders of the Appellate Court are operating from 25th October, 2004. Now, the suits have reached the stage of final hearing. Now at this stage, it is not possible to interfere with the interim order which is operating for about five years. If the concerned original Plaintiffs have committed any breach of the said order, apart from other remedies available to the 4 Petitioner, an application can be always made before the Trial Court for vacating the interim relief. If such application is made, the Trial Court will decide the same on its own merits. If there is any enhancement in the property taxes payable in respect of the suit structures, the Petitioner can always apply for modification of the conditions under the impugned order. The Petitioner can apply for enhancement of deposit of Rs.200/- per month on the basis of enhancement of property taxes. 6. Hearing of the suits deserves to be expedited. Hence, the Petitions are disposed of by passing following order : :: O R D E R :: i. Subject to liberty granted to the Petitioner to apply as set out earlier, the Petitions are dismissed. ii. Hearing of the suits is expedited. 5 iii. The trial shall be concluded on or before 30th April, 2010. iv. It is obvious that the suits will be decided on its own merits without being influenced by the impugned orders and confirmation thereof by this Court. v. All contentions of the Petitioner on merits of the suit are kept open. [A.S. OKA, J.]