ash 1 caf-4437.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.4437 OF 2010 IN FIRST APPEAL NO.1759 OF 2010 Jitendra P. Sheth & Ors. .. Applicants Vs Brihanmumbai Municipal Corporation and others. .. Respondents -- Shri M.P. Vashi along with Ms Prachi Khandge for the Applicants. Shri Vinod Mahadik for Respondent No.1. Shri G.N. Salunke i/by Shri M.D. Pokle for Respondent No.2. -- CORAM : A.S. OKA, J DATED : 11TH OCTOBER, 2011 P.C. . Heard learned counsel appearing for the Applicants and the learned counsel appearing for the first Respondent as well as the learned counsel appearing for the second Respondent. Clause (2) of the ad-interim order dated 4th February, 2011 passed in this Civil Application reads thus: - “Notwithstanding with the admission of the appeal, it will be open for the 1st respondent to pass an order on notice issued under Section 314 of the Mumbai Municipal Corporation Act, 1888. Copy of the order be placed on record and supplied to the parties. Till next date, status-quo as of today shall be maintained.” ash 2 caf-4437.10 2. From the averments made in the Civil Application No.3038 of 2011, it appears that on the basis of the liberty granted by this Court, a fresh order has been passed on 15th February, 2011 by the Assistant Municipal Commissioner. The said order records that alternate accommodate was offered to the Applicant. By the said order, the Applicant has been directed to shift his shop. 3. In view of the fresh order, now the Applicant will have to file appropriate proceedings for challenging the order dated 15th February, 2011. To enable the Applicant to do so, the ad-interim relief granted on 4th February, 2011 deserves to be continued for a reasonable time. 4. Accordingly, I pass the following order: ORDER : (a) The Application is disposed of. (b) It will be open for the Applicant to file appropriate proceedings for challenging the order dated 15th February, 2011. ash 3 caf-4437.10 (c) Only to enable the Applicant to file appropriate proceedings, the ad-interim relief granted on 4th February, 2011 will continue to operate for a period of six weeks from today. (d) In view of the disposal of this Civil Application, the Civil Application No.3038 of 2011 does not survive and the same is disposed of. ( A.S. OKA, J )