:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE APPEAL FROM ORDER NO.948 OF 2007 APPEAL FROM ORDER NO.948 OF 2007 APPEAL FROM ORDER NO.948 OF 2007 WITH WITH WITH CIVIL APPLICATION NO.1297 OF 2007 CIVIL APPLICATION NO.1297 OF 2007 CIVIL APPLICATION NO.1297 OF 2007 Anubai Mahadeo Bhandare ..Appellant. v. Municipal Corporation of Greater Bombay & Ors. ..Respondents. Mr.M.V.Holmagi, adv. for the Appellant. Mr.J.J.Xavier, adv. for the BMC. Mr.A.S.Tungare, adv. for the Respondent No.2. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 9th January, 2008. DATE: 9th January, 2008. DATE: 9th January, 2008. P.C. P.C. P.C. 1. Heard the learned counsel for the Parties. 2. Admittedly before the impugned order was passed by the trial Court, the Court had appointed the commissioner and the commissioner’s report was received on 4-9-2007. In that commissioner’s report, certain structure was shown and the place on which that structure was existing was also identified. The plaintiff/appellant claims to be the owner of that land and structure. It appears that after 28th September, 2007, the status-quo order was not in force for one or the other reasons and the structure has been removed by the defendant no.2. In the impugned order, the trial Court noted that the TDR of this disputed land has been loaded on some other property possibly on the building, :2: which is already constructed by the defendant no.2. Admittedly on the piece of land on which there was structure of the plaintiff and on which she claims to have title is still lying vacant. In my considered opinion, no purpose will be served by giving any direction to restore the status-quo order and to restore the structure at this stage. After some discussion at bar, with consent of the learned counsel for the appellant and the respondent no.2, who is the real contesting party, the appeal is disposed off with following directions: i. L.C.Suit No.3092 of 2007 be expedited and disposed off as early as possible. The defendants shall file their written statements within six weeks. ii. Notice of Motion, which is pending before the trial Court as well as the application made by the appellant for contempt of the Court shall also be heard alongwith the suit pending. iii. The status-quo shall be maintained in respect of piece of land on which the structure was standing as per the commissioner’s report and the said piece of land shall not be put to any use by the defendant no.2 pending the suit. :3: 3. Appeal stands disposed off. 4. As the appeal itself has been disposed off, civil application does not survive and stands disposed off accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)