: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.408 OF 2009 Municipal Corporation of Greater Bombay ... Appellant V/s. Raoli Camp Nagrik Seva Samitee ... Respondent Mrs.K.K. Soraan for Appellant Mr.H.R. Pawar for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: MARCH 2, 2010 P.C.: 1. The appeal has been preferred against the order dated 22.12.2008 by which a temporary injunction in terms of prayer clause (a) of the Notice of Motion has been granted in favour of the respondent. By this injunction the trial Court has restrained the municipal corporation i.e. the appellant herein from dispossessing the plaintiff of the pay and use toilet block. 2. It appears that the trial has proceeded inasmuch as the respondent plaintiff has already filed its affidavit in lieu of examination in chief and the matter is now fixed on 12.3.2010 for the corporation to cross-examine the witness of the respondent. In this view of the matter, it would not be necessary to go into the questions involved in the present appeal, on merits. : 2 : 3. The appeal is therefore dismissed. 4. All contentions raised by the corporation in the present appeal are kept open for it to raise them before the trial Court. The dismissal of the appeal at this stage does not reflect on the correctness of the order passed by the trial Court.