IMPORTANT POINT
Right of parties is a relevant factor which ought to be kept in mind before granting an interim order.

JUDGMENT

Chelameswar, J.

1. The petitioners herein are the plaintiffs in suit No .632 of 2010 on the file of the Special Civil Judge (Senior Division), Thane and the respondents are the defendants therein. For the sake of convenience they are referred to in this judgment as they are in the suit. The suit is filed with the prayers as follow:-

(a) it be declared that the suit lands were agricultural lands on 1.4.1957;

(b) if be declared that the predecessor-in-title – Kalya Padya Patil of the Plaintiffs was lawfully in possession and cultivating the suit lands on 1.4.1957 as tenant thereof and consequently had become the deemed purchaser thereof and the Plaintiffs being the heirs of said Kalya Padya Patil are therefore entitled to the benefits conferred upon him by the provisions of B.T. & A.L. Act.

(c) It be declared that the Sale transactions that took place after the Tillers Day i.e. dated 22.3.1960, 21.10.1963 and 30.5.1964 which were recorded in the Mutation Entry Nos. 357, 466 and 467 respectively, are illegal, bad in law, void ab-initio and not binding upon the Plaintiffs.

(d) It be declared that the proceedings i.e. Tenancy Case No. 22 of 1964 and 23 of 1964 initiated by the predecessor-in-title of Defendant Nos. 1 to 6 were not maintainable hence, the orders dated 30.1.1965 passed in the said proceedings are without jurisdiction, nullity and not binding upon the Plaintiffs.

(e) It be declared that the Plaintiffs being the heirs of the said Kalya Padya Patil (since deceased) are entitled to the entire compensation which was wrongly awarded by the CIDCO to the Defendant Nos. 1 to 6.

(f) It be declared that the Plaintiffs being the heirs of the said Kalya Padya Patil (since deceased) are entitled to the allotment of land/plots as per the 12.5% scheme framed by the CIDCO.

(g) The Hon’ble Court may be pleased to issue perpetual injunction to restrain the Defendant No. 7, its servants, agents, officers, etc. from allotting lands under 12.5% scheme by it in favour of Defendant No. 1 to 6 or any person claiming under them.

(h) Pending the hearing and final disposal of this suit and injunction application, the Hon’ble Court may be pleased to grant an Ad-Interim Injunctions in terms of clause (g) above.

(i) To award any other relief this Hon’ble Court may deem fit and proper in the circumstances of the case.

(j) To award the cost of the suit.”

2. Along with the suit, the plaintiffs filed an application for injunction against the 7th defendant (City and Industrial Development Corporation) from allotting any land under a scheme said to have been propounded by the 7th defendant in favour of any one of the defendants or persons claiming through the defendants. By an order dated 23.12.2010 of the trial court, the injunction as prayed for was granted. The defendants appealed to the High Court. The said appeal was disposed of by setting aside the order of the trial court with a further direction:

“16…..that the original Defendant No. 7 CIDCO is at liberty to scrutinize the application made by the original Defendant Nos. 1 to 6/Appellants before me and in the event the CIDCO decides to allot the land under 12.5% scheme in their favour and issues an Allotment letter, that order and direction of the CIDCO and all steps in furtherance thereof shall abide by the outcome of this civil suit, namely, Special Civil Suit No. 632 of 2010.”

along with certain observations, the details of which may not be necessary for the present purpose.

3. Aggrieved by the same, the plaintiffs preferred the instant SLP.

4. The litigation has a long and checkered history. It is the admitted case that both the parties claim their respective rights in the suit scheduled property through a common predecessors in interest Ibrahim Shahabuddin and Mariamba Mohammed. The plaintiffs claim that their predecessor in title one Kalya Padya Patil (for short “Kalya Patil”) was the tenant of the suit scheduled property. The plaintiffs do not describe what exactly is their relatio