1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.592 OF 2010 WITH CIVIL APPLICATION NO.769 OF 2010 IN APPEAL FROM ORDER NO.592 OF 2010 The Maharashtra Housing & Area Development Authority .... Appellant Vs. Omkar Co-operative Housing Society Ltd. (Proposed) & Ors. .... Respondents Shri P.G. Lad for the Appellant. S/Shri S.M.Sakhardande i/b P.H.Dharmadhikari for Respondent Nos.1 & 2. Shri G.K. Karhera for Respondent No.3. Shri A.R. Patil, AGP, for Respondent No.5. CORAM: R.C. CHAVAN, J. DATED: JUNE 10, 2010 P.C: 1. This appeal has been taken out by MHADA against the order passed by a learned Judge of the City Civil Court, Mumbai on a draft Notice of Motion bearing No.1270 of 2010 which is to come up for hearing before him on 14-6-2010. By the said order, the learned Judge has restrained the appellant from implementing and executing Public Notice dated 26-4-2010, threatening to demolish the structures 2 belonging to the members of plaintiff No.1 and/or the tenants of plaintiff No.2 situated on survey Nos.34/1 and 33/11 and the adjoining survey situated at Oshiwara, Mumbai. The learned counsel appearing for the respective parties agree that the ad-interim order which has been passed by the learned Judge may be modified and the restraint imposed on the appellant may be qualified by providing that the appellant shall not implement and execute the Public Notice dated 26-4-2010 except by following the due process of law. With this modification, the impugned order would stand till the Motion is taken up for hearing by the learned Judge on 14-6-2010. 2. All the learned counsel agree that they would file their pleadings in respect of the Notice of Motion by 25-6-2010, on which date the learned Judge shall hear the arguments and pass his order within a week thereafter. The appeal is accordingly disposed of. 3. In view of the Appeal itself having been disposed of, the Civil Application No.769 of 2010 does not survive and accordingly stands disposed of. (R.C. CHAVAN, J.)