1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1149 OF 2008 in NOTICE OF MOTION NO. OF 2008(Exh.6) IN LONG CAUSE SUIT NO. 4857 OF 2004 Mohammed Hasan Nemayandan........Appellant versus Municipal Corporation of Gr. Mumbai & anr..... Respondents. Mr. Naveen Parikh a/w Ms/ Sneha Feni i/b Desai & Diwanji for the Appellant. Mr. D.H. Mehta with Rajiv Narula i/b Pravin Mehta Mithi & Co. for the respondent no.2. Mrs. Geeta C. Jogalekar for Respondent no.1 BMC. CORAM: RANJIT V. MORE, J. DATED : 18th NOVEMBER,2008. P.C.: 1. Heard Mr. Naveen Parikh, learned counsel for the appellant and Mr. D.H. Mehta for the respondent no.2 and Ms. Geeta Jogalekar for respondent no.1- BMC. 2. The appellant filed suit being suit No.4857/04 against the respondent no.1 challenging the sanctioning of the plans in respect of the suit property. In the suit he filed Notice of Motion at Exh.6 restraining the respondent no.1 BMC from issuing Occupation Certificate to the respondent no.2. This Notice of 2 Motion was filed on 6-11-2008. The greivance of the appellant is that though he sought urgent relief by this Notice of Motion, the learned Judge of the City Court has granted time to respondent to file reply and adjourned the Notice of Motion to 10-11-2008. Therefore the present A.O. for the interim relief claimed in the above Notice of Motion. 3. The learned counsel appearing for the parties made a statement that the concerned Judge was on leave on 10-11-2008 and the above Notice of Motion at Exh.6 is now fixed for hearing on 21-11-2008. 4. Mr. Mehta, learned counsel for the respondent no.2 and the learned counsel for respondent no.1 BMC makes statement that they will give reply to the above Notice of Motion of the appellant by tomarrow i.e. 19th November 2008, and copy of the said reply will be served on the appellant on 20-11-2008. They further assure that on 21-11-2008 they will not seek any adjournment. Mr. Naveen Parikh, learned counsel, states that rejoinder if any shall be served by the appellant on the respondent by 3.00 p.m. on 20-11-2008. 5. In view of the above statement, I am not inclined to interfere in the impugned order. This A.O. is disposed of accordingly with direction to the learned Judge of the City Court, presiding over court room no.6, to hear the Notice of Motion at Exh.6 on 21-11-2008, and thereafter pass appropriate order. 3 (R.V. More, J.)