1 80 fa.1460.11 rejected R.11 O7 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1460 OF 2011 Pradeep Narhariprasad Trivedi. ... Appellant Versus Municipal Corporation of Greater Mumbai. ... Respondent ----- Mr. G.R.Mishra for the Petitioner. Mr. Vinod Mahadik of the Respondent / BMC. ----- CORAM : A.S.OKA, J. DATE : 08 th August, 2011. P.C. 1 On the earlier date, parties were put to notice that the appeal will be taken up for final disposal at the admission stage. 2 The Appellant is the original plaintiff and the Respondent is the defendant. The Appellant filed a suit for challenging the notice issued under Section 351 of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as “the said Act”) and the order dated 9 th June, 2011 passed on the basis of the said notice. 2 80 fa.1460.11 rejected R.11 O7 3 A notice of motion for temporary injunction was taken out by the Appellant. A prayer for ad-interim relief was made in the said notice of motion. On 16 th June, 2011, when the prayer for ad-interim relief was considered, by the impugned judgment and order, the learned Judge dismissed the draft notice of motion and disposed of the suit. 4 Perusal of the impugned order shows that the Court was considering only the prayer for ad-interim relief. The Court has not rejected the plaint by exercising powers under Rule 11 of Order VII of the Code of Civil Procedure, 1908. The suit appears to have been dismissed by making observations on merits. Even the stage of filing of the written statement had not reached. 5 For disposing of the suit, the learned trial Judge has adopted a procedure which is completely unknown to the law. Such disposal in summary manner is completely contrary to law. The suit could not have been dismissed by adopting such a method. Hence, 3 80 fa.1460.11 rejected R.11 O7 the impugned order deserves to be quashed and set aside. 6 Hence, I pass the following order: i. The impugned order dated 16 th June 2011 is quashed and set aside and the L.C.Suit No.1204 of 2011 and notice of motion therein are restored to the file of the trial Court ; ii. The trial Court shall consider the prayer for grant of ad-interim relief afresh within a period of four weeks from today ; iii. For a period of four weeks from today, the ad- interim relief granted by this Court will continue to operate ; iv. The prayer for ad-interim relief shall be considered without being influenced by the limited ad-interim relief granted by this Court ; v. All the contentions of the parties on merits are kept open ; vi. The appeal is partly allowed on above terms with 4 80 fa.1460.11 rejected R.11 O7 no order as to costs ; and vii. Civil Application No.2379 of 2011 does not survive and the same is disposed of. [ A.S.OKA, J ]