1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1269 OF 2008 WITH CIVIL APPLICATION NO.1559 OF 2008 Anna John Palamattam : Appellant versus Mr.Allan D. Misquitta and ors. : Respondents. Shri.Vinay J Hegde for the Appellant. Shri Prashad Mite for Respondent Nos.3 and 4. Shri G.C.Singh for the Respondent No.5. CORAM : R.M.SAVANT, J. DATED : JANUARY 28, 2009 P.C. 1. The above Appeal from Order challenges the order dated 24th October 2008 passed by the learned Judge, City Civil Court, Dindoshi, Mumbai by which order, the ad interim relief sought by the Appellant/Plaintiff was refused. 2 2. The Appellant/Plaintiff has filed L.C.Suit No.1926 of 2008 for a declaration of her share in the ancestral property. The Appellant/Plaintiff claims that the said ancestral property bears CTS Nos.273, 273/1 to 273/18 of village Chakala, Tal.Andheri, B.S.D. The Appellant/Plaintiff has filed a Notice of Motion in the said suit claiming temporary injunction against the Defendants as regards carrying out development on the said property. The trial Court refused the said ad-interim relief by the impugned order dated 24/10/2008. 3. Having heard the learned counsel for the parties, in my view, since the Notice of Motion filed by the Appellant/Plaintiff is as yet pending and was made returnable by the impugned order on 15/11/2008, the interest of justice would be served, if the said Notice of Motion is directed to be heard within a particular time frame. Hence the following order :- :ORDER: 3 (i) The Notice of Motion -Exhibit-6 in L.C.Suit No.1926 of 2008 is directed to be disposed of within 12 weeks from date. (ii) The Defendants to file their Affidavit-in-Reply within four weeks from date. The Appellant/Plaintiff to file her rejoinder, if any, within two weeks thereafter. (iii) The learned counsel for the Defendant No.5 states that the said Defendant would not undertake any development on the suit property till disposal of the Notice of Motion – Exhibit-6. (iv) The Notice of Motion Exhibit-6 to be decided on its own merits and in accordance with uninfluenced by the impugned order or the instant order. v. With the aforesaid directions, the above Appeal from Order is disposed of. 4 vi. In view of the disposal of the above Appeal from Order, the Civil Application No.1559 of 2008 does not survive and the same is accordingly disposed of. [R.M.SAVANT, J]