1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 224 OF 2009 WITH CIVIL APPLICATION NO. 249 OF 2009 Moreshwar Pandurang Keni & Anr. ....Appellants Versus Municipal Corporation of Gr.Mumbai & Anr. ....Respondents. Shri H. T. Pawar, Advocate for the Appellants. Ms. K.K.Sorran for Respondent No.1 – BMC. CORAM : R. V. MORE, J. DATED : 16TH APRIL, 2009. P.C. Heard, learned Counsel for the respective parties. 2. The Appeal from Order takes exception to the Order under which an Ad-interim relief is refused. It is not disputed that the Notice of Motion is pending before the City Civil Court, Dindoshi, Borivali Division, Mumbai. In view of the above facts, the learned Counsel for the Appellants submits that he may be granted leave to withdraw the Appeal from Order and the Trial Court may be directed to expedite the hearing of the Notice of Motion. 2 3. The Appellants are granted leave to withdraw the appeal. The Appeal Stands disposed of, as withdrawn. Looking into the controversy involved in the matter, I am satisfied that the Appellants' Notice of Motion deserves to be heard expeditiously and hence, City Civil Court, Dindoshi, Borivali Division, Mumbai, is directed to hear and dispose of the Notice of Motion at Exhibit “3” in L.C. Suit No.2280 of 2008 as expeditiously as possible preferably within the period of three months from the date of the receipt of the order. 4. The learned Counsel for the Respondent No.1 states that the Respondent No.1 will file reply to the above Notice of Motion within the period of four weeks from today. Statement accepted. 5. In view of the disposal of the above Appeal from Order, the Civil Application No.272 of 2009 will not survive and the same is, accordingly disposed of. (R. V. MORE, J.)