1 AO-349-05-&-350-06.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 349 OF 2005 WITH APPEAL FROM ORDER NO. 350 OF 2006 APPEAL FROM ORDER NO. 349 OF 2005 in Notice of Motion NO. 4788 of 2005 in L.C.Suit No.5489 of2005 1. The Municipal Corporation of Greater ) Mumbai, a statutory Corporation having ) its office at Mahapalika Marg, Opp.CST, ) Mumbi 400 001. ) 2. Assistant Municipal Commissioner, ) `D' Ward, Municipal Corporation of ) Greater Mumbai, having his office at ) Jobanputra Compound, Nana Chowk, ) Grant Road, Mumbai 400 007. ).. Appellants (Org. Defendants) Vs. 1) M/s. Apsara Cold Drink House, a firm ) carrying on business at Shops No.1 & 2 ) Subhadra mansion, 74, Walkeshwar Road, ) Mumbai 400 006, through his Constituted ) Attorney, Jayant Harakhchand Shah, ) aged about 47 years, residing at Flat No.1, ) 1st floor, Subhadra Mansion, 74/76, ) Walkeshwar Road, Mumbai 400 006. )..Respondent No.1 (Org. plaintiff) 2) Smt. Jayashree Subhash Parekh, ) an Indian Inhabitant of Mumbai, ) Occupatin landlady, resding at Subhadra ) Mansion, 4th floor, 74, Walkeshwar Road, ) 2 AO-349-05-&-350-06.sxw Mumbai 400 006. ).. Respondents (Org. defendant No.2) WITH APPEAL FROM ORDER NO. 350 OF 2006 in Notice of Motion NO. 4788 of 2005 in L.C.Suit No. 5489 of 2005 Smt. Jayashree Subhash Parekh, ) an Indian Inhabitant of Mumbai, ) Occupatin landlady, resding at Subhadra ) Mansion, 4th floor, 74, Walkeshwar Road, ) Mumbai 400 006. ).. Appellants vs. 1. M/s. Apsara Cold Drink House, a firm ) carrying on business at Shops No.1 & 2 ) Subhadra mansion, 74, Walkeshwar Road, ) Mumbai 400 006, through his Constituted ) Attorney, Jayant Harakhchand Shah, ) aged about 47 years, residing at Flat No.1, ) 1st floor, Subhadra Mansion, 74/76, ) Walkeshwar Road, Mumbai 400 006. ) 2. The Municipal Corporation of Greater ) Mumbai, a statutory Corporation having ) its office at Mahapalika Marg, Opp.CST, ) Mumbi 400 001. 3.Assistant Municipal Commissioner, ) `D' Ward, Municipal Corporation of ) Greater Mumbai, having his office at ) Jobanputra Compound, Nana Chowk, ) Grant Road, Mumbai 400 007. ).. Respondents Mrs. K.K.Soraan, Advocate, for the appellant. 3 AO-349-05-&-350-06.sxw CORAM: J.H.BHATIA,J. DATE : 2nd August, 2011. JUDGMENT : 1. These two appeals were filed by the defendants against grant of temporary injunction in Notice of Motion No.4788/2005 in Suit No.5489/2005 whereby the defendant Nos. 1 and 2 were restrained from initiating any action against the plaintiffs/respondents in respect of the suit structure on the basis of Notice dated 8.9.2005 under Section 351 of the Bombay Municipal Corporation Act and the order passed thereon. 2. Heard the learned Counsel for the appellant. None for the respondents. Perused the record. The impugned order of temporary injunction is in operation for last more than five years and the suit itself is more than six years old. Taking into consideration the facts of the case and the above circumstances, in my opinion, no purpose will be served by interfering in the impugned order at this stage. Interest of justice will be better served by expediting the hearing and disposal of the suit. 3. Therefore, both these appeals stand dismissed. 4 AO-349-05-&-350-06.sxw However, the trial Court is hereby directed to expedite the hearing and dispose of Suit No.5489 of 2005 as early as possible, and in any case, by the end of December, 2011. (J.H.BHATIA,J.)