IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL APPEAL APPEAL FROM ORDER NO. 229 OF 2008 FROM ORDER NO. 229 OF 2008 FROM ORDER NO. 229 OF 2008 WITH WITH WITH CIVIL CIVIL CIVIL APPLICATION NO. 279 OF 2008 APPLICATION NO. 279 OF 2008 APPLICATION NO. 279 OF 2008 YESHWANT MAHADIK & ORS. ..APPELLANTS V/S VILAS RAMBHAU CHAUDHARY & ORS. ..RESPONDENTS Ms. Trupti Gohil, Advocate, for the appellants. Mr. B.G. Tangsali, Advocate, for respondent no.1. Mr. J.G. Reddy, Advocate, for the respondent nos. 2 to 4. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: DATE: DATE: 17th March,2008. 17th March,2008. 17th March,2008. P.C. P.C. P.C. 1. Heard learned counsel for the parties. The plaintiffs - appellants are the persons who are entitled to be rehabilitated under the Slum Rehabilitation Scheme : 2 : and the respondent no. 1 is the developer who has been given that job. The plaintiffs contended that the respondent no. 1 has not completed the work of raising the building nor he has provided basic amenities so far and therefore work of the saleable part of the building should be stopped. On notice of motion taken out by the plaintiff for several reliefs the trial court passed an order restraining the defendant no.1 from inducting any unauthorised person or non eligible occupant in the rehabilitation building. Being dissatisfied with that order the plaintiffs have preferred the present Appeal. 2. The notice of motion is still pending before the trial court. Taking into consideration the status of the construction in both the buildings as depicted in the photographs dated 12th March 2008 taken by the plaintiff, in my considered opinion the Appeal may be disposed of with following directions:- 3. The Respondents shall file reply to the Notice of Motion within 2 weeks from this day and the trial court shall hear the parties and dispose of the notice of motion on its own merits within 4 weeks thereafter. The trial court shall not be influenced by any observations : 3 : made in the order dated 8/2/2008. The Appeal stands disposed of with aforesaid directions. 4. As Appeal itself is disposed of, the Civil Application does not survive and stands disposed of accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)