1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.662 of 2009 WITH CIVIL APPLICATION NO.830 OF 2009 Mr.Janardan Aditnath Shukla .... Appellant V/s. Municipal Corporation of Greater Bombay ..... Respondent Mr.R.R.Tiwari, for the appellant. Mr.Vasant Mahadik, for the Corporation. CORAM :P.B.MAJMUDAR, J. DATE : OCTOBER 12, 2009 P.C. 1. This appeal from order is directed against the judgment and order passed by the learned Judge of the City Civil Court, Dindoshi, Mumbai, by which the learned trial Judge has refused to review the earlier order. The appellant is the original plaintiff. He has filed a suit challenging notice issued by the respondent-Corporation under Section 296 of the Corporation Act. The learned trial Judge refused to grant ad- interim injunction on the ground that once ad-interim injunction is refused, there is no provision to review the same. It seems that the plaintiff gave subsequent application to grant ad-interim injunction by placing additional affidavit on record. The learned trial judge came to the conclusion that two successive applications cannot be filed. The 2 subsequent application is not filed under Order 39 Rule 4 of C.P.C. The learned trial Judge was right in not passing any order on the basis of additional affidavit filed by the plaintiff. 2. The learned counsel for the appellant submitted that the notice of motion filed by the plaintiff is still pending before the City Civil Court, as the learned trial Judge has passed an order that the notice of motion be registered and made returnable on 10-06-2009. If the notice of motion is still pending before the City Civil Court, the learned trial Judge may decide the same in accordance with law and whatever documents produced by the plaintiffs and defendants may be taken into account while disposing of the notice of motion. The notice of motion may be disposed of on its own merits, without any further delay. 3. Subject to what has been stated above, the appeal from order is disposed of. 4. In view of the disposal of the appeal from order, the civil application does not survive and the same is disposed of. ( P.B.MAJMUDAR, J.)