1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.522 OF 2011 WITH CIVIL APPLICATION NO.724 OF 2011 Buddiwan M. Dhuri(Since deceased) through Legal heir Riddhi B. Dhuri ...Appellant. v. M.C.G.M. ...Respondent. Mr. Omprakash Pandey a/w Ms Papori Sarmah and Mr. S.Patil i/by M/s. Pandey and Co., advs. For the Appellant. Ms K.K.Soran, adv. For the Respondent/B.M.C. CORAM : J.H. BHATIA, J. DATED : JUNE 30, 2011. P.C. 1 Heard. The appeal is filed by the plaintiff/appellant against the dismissal of the notice of motion against the notice and the order passed under section 351 of the Municipal Corporation Act. According to the appellant, the structure in dispute is entitled to be protected under the law. Whether that structure can be really protected under the law is a question of fact, which can be decided at the time of trial of the suit. It appears that the suit is pending for the last more than 3 years and the trial Court had given ad-interim protection and that protection continues . In view of this, in my opinion, appeal and the application may be disposed off with the following directions; 2 2 Defendant/respondent shall file written statement, if not already filed, within six weeks from this date in Long Cause Suit No.226 of 2008 and the trial Court shall expedite the hearing and dispose off the same within six months thereafter. Till disposal of the suit, parties shall maintain status-quo. 3 Appeal and the application stand disposed off accordingly. (J.H. BHATIA,J.)