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Bombay High Court

SMT. QUTUBUNISSA ABDUL RAB ANSARIversusBHIWANDI NIZAMPURA CITY MUNICIPAL CORPORATION, BHIWANDI THROUGH ITS COMMISSIONER

Decided
Disposal
Disposed Off

Holding

The observations in the impugned order are limited to the decision on interim relief and do not prejudice the trial court's determination of the suit, so the petition is disposed without interference.

Summary

The petitioner filed a writ petition challenging the order that dismissed her application for interim relief in a suit seeking a prohibitory injunction against demolition of her premises. The trial court had denied a temporary injunction on 9 April 2014, and the first appellate court affirmed that dismissal on 30 September 2016, directing the trial court to expedite the suit. The petition remained pending since 2017 with no interim protection granted. The High Court, exercising its discretionary jurisdiction under Article 227, found no reason to interfere with the impugned order. It clarified that the observations in that order were confined to the interim relief application and should not influence the trial court’s decision on the merits of the suit. Consequently, the writ petition was disposed of with the stated clarification.

Issues considered

  • Whether the High Court should interfere with the order dismissing the application for interim relief under Article 227 of the Constitution of India
  • Whether the observations in the impugned order affect the trial court's adjudication of the substantive suit for injunction

Subjects

  • interim relief
  • injunction
  • Article 227
  • discretionary jurisdiction
  • writ petition
  • temporary injunction
  • demolition
  • trial court

Judgment

                                                                              20-wp-7794-2017.doc




                    varsha          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION
                                              WRIT PETITION NO. 7794 OF 2017


                             Smt. Qutubunissa Abdul Rab Ansari                 … Petitioner
                                        vs.
                             Bhiwandi     Nizampura    City    Municipal … Respondent
                             Corporation,     Bhiwandi    through     its
                             Commissioner
        Digitally
        signed by
        VARSHA
VARSHA VIJAY
                             Ms. Gauratna Kale i/b. Mr. Sachin Dhakephalkar for the Petitioner.
VIJAY   RAJGURU
RAJGURU Date:
        2026.03.05
        14:55:34
        +0530




                                                             CORAM : GAURI GODSE, J.
                                                              DATED : 4th MARCH 2026


                             ORDER:

                             1.    This petition is filed by the original plaintiff to challenge the

                             order dismissing her application for interim relief during the

                             pendency of the suit. The suit is filed for simplicitor injunction

                             restraining the respondent from demolishing the suit premises

                             without following due process of law. Pending this suit, the

                             application for grant of a temporary injunction was dismissed on 9 th

                             April 2014. The first appellate court dismissed the appeal on 30 th

                             September 2016. While dismissing the appeal, the trial court was

                             directed to expedite the hearing of the suit.

                             2.    This petition has remained pending since 2017. Till date,

                                                           Page no. 1 of 2
                                                  20-wp-7794-2017.doc



there has never been any interim protection granted to the plaintiff. I

see no reason to interfere with the impugned order in the exercise of

the discretionary jurisdiction under Article 227 of the Constitution of

India.

3.       Learned counsel for the petitioner submits that the suit is

posted for final hearing. She therefore submits that it be clarified

that the suit be decided on its own merits, uninfluenced by the

observations in the impugned order.

4.       It is clarified that the observations in the impugned order are

prima facie, restricted to the decision on the application for interim

relief. Hence, the trial court shall decide the suit in accordance with

the law uninfluenced by the prima facie observations in the

impugned orders.

5.       The writ petition is disposed of subject to the aforesaid

clarifications.



                                                   (GAURI GODSE, J.)




                               Page no. 2 of 2


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