20-wp-7794-2017.doc 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 Corporation, Bhiwandi through its Commissioner … Respondent Ms. Gauratna Kale i/b. Mr. Sachin Dhakephalkar for the Petitioner. 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 9th April 2014. The first appellate court dismissed the appeal on 30th 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 varsha VARSHA VIJAY RAJGURU Digitally signed by VARSHA VIJAY RAJGURU Date: 2026.03.05 14:55:34 +0530 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