spb/- 1 ao1309-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION APPEAL FROM ORDER NO. 1309 OF 2010 ALONWITH CIVIL APPLICATION NO. 1611 OF 2010 IN A.O. NO. 1309 /2010 Nav Shreeram Apartment Co-op. Hsg. Society Ltd., ... Appellant. Vs. The Municipal Corporation of Gr. Mumbai & Anr. ... Respondents. --- Mr. G.S. Bhat for the Appellant. Mrs. K.K. Soraan for the Respondent No.1-BMC. ----- CORAM : D. G. KARNIK, J. DATE : 24th NOVEMBER, 2010. P.C. 1 This appeal is directed against the order dated 14th October, 2010, refusing to grant ad-interim relief pending the hearing of the notice of motion. Perusal of the order shows that there was considerable delay in filing of the suit. In was one of the relevant consideration for grant of ad- interim relief. The learned Judge has applied appropriate test for refusing to grant ad-interim relief. No interference is called for in the discretion exercised by the trial court in declining to grant ad-interim spb/- 2 ao1309-10.sxw relief, pending hearing of the motion on the ground of delay. 2 The appeal is rejected summarily. 3 The learned counsel for the appellant prays for expediting the hearing of the notice of motion. Merely because an appeal is filed in this court, it would not be appropriate to issue direction to the trial court for expedition of the hearing of the motion. In the circumstances, the request is rejected. 4 In view of the rejection of the appeal itself, the civil application no. 1611/2010 does not survive and the same is disposed of as such. [D.G. KARNIK, J.] .....