1 868.11ao.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Appeal from Order No. 868 of 2011 IN Notice of Motion No. 742 of 2011 IN L.C. Suit No. 531 of 2011 WITH Civil Application No. 1152 of 2011 in AO 868/2011 Devendra Diwakar Goregaonkar & anr. ....Applicants v/s. Municipal Corporation of Greater Mumbai & ors. ....Respondents Mr. Diwakar Dwivedi for the applicants. Mr. H.J. Dedia-AGP for respondent no.3. Mr. Vijay Patil for respondent no.2. Mr. P.K. Dhakepalkar, Sr. Counsel i/b. Mr. A.R.Mishra for respondent no.4. Mrs. K.K. Soran for BMC. CORAM: R.M. BORDE, J. 23rd September, 2011 PC: This Appeal from Order can be disposed of by directing the trial Court to decide the pending Notice of Motion as expeditiously as possible and within specified time. The trial Judge on considering the submissions made by the plaintiff refused to grant interim-relief and rejected the prayer made in that behalf by order dated 28th June, 2011 and order passed refusing the ad-interim relief by the trial Court is subjected to challenge in this Appeal from Order. Without going into the merits of the controversy involved in the matter, the trial Court is directed to decide pending Notice of Motion in LC Suit No. 531/2011 as expeditiously as possible, preferably within twelve weeks from today. The Counsel appearing for respondent points out that suit is hopelessly barred by time, as the challenge raised in the suit is in respect of encroachment 2 868.11ao.sxw made in the year 1974 by the Corporation. It would be open for the respondent to present an application raising preliminary objection and if such an application is presented, it would be obligatory on the part of the Court to frame an issue in that regard and deal with the same in accordance with the provisions of law. 2. The party respondent-original defendants shall have liberty to file written-statement/say alongwith necessary documents in pending Notice of Motion as well as Suit. 3. Appeal from Order stands disposed of. In view of disposal of Appeal from Order, pending Civil Application do not survive and stand disposed of. (R.M.BORDE, J)