1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER ST.NO.24754 OF 2008 WITH CIIVIL APPLICATION NO.1635 OF 2008 Municipal Corporation of Greater Mumbai : Appellants. Versus Kundan Jewellers : Respondent. Smt.K K Soraan for the Appellants/BMC Shri Chirag Shah i/by J J Shah for the Respondent. CORAM : R.M.SAVANT, J. DATED : FEBRUARY 17, 2009 P.C. 1. By consent of the learned counsel for the parties, the above Appeal from Order is taken up for admission. 2. This Appeal takes exception to the order dated 23rd July 2008 passed by the learned Judge, City Civil Court, Mumbai, by which order Notice of Motion No.1140 of 2008 filed by the Plaintiff i.e the Respondent herein for injunction came to be allowed. 2 3. By the said order the Appellant herein who are the original Defendant to the L C Suit No.1120 of 2008 have been temporarily restrained from removing, pulling down and/or demolishing the suit premises i.e the shop premises on the second floor at 223, Suman Patil Building, S V Road, Andheri (West), Mumbai 400 058 admesuring 50 x 30 sq. ft constructed with B M walls and A C sheet roof, without following due process of law or otherwise than by law. The said order was to operate for a period of four months or till the decision of the said suit whichever was earlier and the hearing of the said suit was expedited. 4. The learned counsel for the Respondent states that recording of evidence has begun in the said suit and the witness of the Plaintiff has already been cross examined. 5. Therefore looking to the directions which are contained in the impugned order, which are reproduced herein above, viz the said 3 order was to remain in force for a period of four months or till the decision of the suit and since the hearing of the said suit is also expedited, in my view, no interference is called for with the impugned order. Though the said suit has been expedited by the impugned order, the trial Court is directed to dispose of the same by 31st May 2009. Till disposal of the said suit, the impugned order dated 23rd July 2008 would operate. The above Appeal from Order is accordingly disposed of. 6. In view of the disposal of the above Appeal from Order, the Civil Application St.No.24757 of 2008 to stand dispose of. [R.M.SAVANT, J]