SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.813 OF 2011 IN NOTICE OF MOTION NO.1623 OF 2011 IN L.C.SUIT NO.56 OF 2007 WITH CIVIL APPLICATION NO.1074 OF 2011 Shri Girish Shah ...Appellant. v. The B.M.C. ...Respondent. Mr. Ram U. Singh ,adv. For the Appellant. Ms K.K.Soran, adv. For the Respondent. CORAM : J.H. BHATIA, J. DATED : AUGUST 3, 2011. P.C. 1 Heard the learned counsel for the parties. 2 With consent appeal is allowed. The impugned order dated 19.7.2011 is hereby set aside and in the result, Notice of Motion No.1623 of 2011 is hereby allowed and Notice of Motion No.81 of 2007 in L.C. Suit No. No.56 of 2007 which was dismissed in default is hereby restored to the file of City Civil Court at Dindoshi. The trial Court shall hear and dispose off the said Notice of Motion on its own merits within eight weeks. 3 Appeal and the application stand disposed off accordingly. (J.H. BHATIA,J.)