1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION APPEAL APPEAL APPEAL FROM ORDER NO.12 OF 2004 FROM ORDER NO.12 OF 2004 FROM ORDER NO.12 OF 2004 inin in NOTICE NOTICE NOTICE OF MOTION NO. 5560 OF 2000 OF MOTION NO. 5560 OF 2000 OF MOTION NO. 5560 OF 2000 inin in L.C.SUIT L.C.SUIT L.C.SUIT NO. 6518 OF 2000 NO. 6518 OF 2000 NO. 6518 OF 2000 WITH WITH WITH APPEAL FROM ORDER NO.13 OF 2004 APPEAL FROM ORDER NO.13 OF 2004 APPEAL FROM ORDER NO.13 OF 2004 inin in NOTICE NOTICE NOTICE OF MOTION NO.3560 OF 2001 OF MOTION NO.3560 OF 2001 OF MOTION NO.3560 OF 2001 inin in L.C.SUIT L.C.SUIT L.C.SUIT NO. 6518 OF 2000 NO. 6518 OF 2000 NO. 6518 OF 2000 Mohan Mohan Mohan Prabhakar Tekavde Prabhakar Tekavde Prabhakar Tekavde ...... Appellant Appellant Appellant vs vs vs Municipal Municipal Municipal Corpn.of Gr.Bombay & ors.. Respondents Corpn.of Gr.Bombay & ors.. Respondents Corpn.of Gr.Bombay & ors.. Respondents Ms.Damini Ms.Damini Ms.Damini Rajal h/f Mr.Mukesh Subramaniam Rajal h/f Mr.Mukesh Subramaniam Rajal h/f Mr.Mukesh Subramaniam for for for Appellant Appellant Appellant Mr.Ajay Mr.Ajay Mr.Ajay Mishra for Respondent nos.5 & 6 Mishra for Respondent nos.5 & 6 Mishra for Respondent nos.5 & 6 Mr.R.K.Malandkar Mr.R.K.Malandkar Mr.R.K.Malandkar for Respondent no.1-Muni.Corpn. for Respondent no.1-Muni.Corpn. for Respondent no.1-Muni.Corpn. CORAM: CORAM: CORAM: J.H.Bhatia, J J.H.Bhatia, J J.H.Bhatia, J DATED: DATED: DATED: 13th March, 2008 13th March, 2008 13th March, 2008 P.C. P.C. P.C. 2 1.1.1. The appellants had filed two separate suits The appellants had filed two separate suits The appellants had filed two separate suits seeking seeking seeking directions to the Municipal Corporation to directions to the Municipal Corporation to directions to the Municipal Corporation to clean clean clean certain private drainage lines. There is a certain private drainage lines. There is a certain private drainage lines. There is a Notice Notice Notice of Motion taken out in each of the suits. of Motion taken out in each of the suits. of Motion taken out in each of the suits. No No No relief was granted by the trial Court and relief was granted by the trial Court and relief was granted by the trial Court and therefore, therefore, therefore, this Appeal was filed. The Appeals are this Appeal was filed. The Appeals are this Appeal was filed. The Appeals are also also also pending for the last four years. Admittedly, pending for the last four years. Admittedly, pending for the last four years. Admittedly, no no no interim relief is operating in favour of the interim relief is operating in favour of the interim relief is operating in favour of the appellants. appellants. appellants. In view of the nature of the suit and In view of the nature of the suit and In view of the nature of the suit and the the the above circumstances, in my considered opinion, above circumstances, in my considered opinion, above circumstances, in my considered opinion, the the the Appeals may be directed to be disposed of with Appeals may be directed to be disposed of with Appeals may be directed to be disposed of with the the the following directions : following directions : following directions : O R D E R R D E R R D E R (i) (i) (i) Suit No. 6518 of 2000 is pending for Suit No. 6518 of 2000 is pending for Suit No. 6518 of 2000 is pending for the the the last 8 years. The learned trial Court last 8 years. The learned trial Court last 8 years. The learned trial Court shall shall shall expedite hearing of the suit and expedite hearing of the suit and expedite hearing of the suit and dispose dispose dispose of the same preferably by the end of the same preferably by the end of the same preferably by the end of of of this year. this year. this year. Appeals Appeals Appeals stand disposed of accordingly. stand disposed of accordingly. stand disposed of accordingly. ( J.H.Bhatia, J ) J.H.Bhatia, J ) J.H.Bhatia, J )