1 AO-806-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi APPEAL FROM ORDER NO. 806 OF 2011 WITH CIVIL APPLICATION NO. 1062 OF 2011 Prakash Devjibhai Shah ... Appellant vs. Municipal Corporatino of Greater Mumbai & Ors. .. Respondents Mr. Kishor Patil,Advocate, for the appellant Mrs. K.K.Soraan, Advocate for the respondents. CORAM: J.H.BHATIA,J. DATE : 22nd July, 2011. P.C. 1. Heard the learned Counsel for the plaintiff/appellant. 2. The original plaintiff has preferred this appeal against refusal of ad- interim relief pending the Notice of Motion whereby the plaintiff has sought temporary injunction against the notice and order under Sec. 351 issued by the respondents. The learned Counsel for the plaintiff/appellant pointed out that the building is in existence since prior to 1955 and, in any case, since before 1962 which is the datum line. He also pointed out that with permission of this Court, he had applied for regularization of the new shutters on 8.8.2006 and that application 2 AO-806-11.sxw for regularisation is still pending and not decided. 3. In view of the above circumstances, in my opinion, the following order will meet the ends of justice :- The defendants/respondents shall file reply and/or written statement before the trial Court within four weeks and the trial Court shall decide the Notice of Motion on its own merits within six weeks thereafter. Till decision of the Notice of Motion, the parties shall maintain status quo. The Appeal and the Application stand disposed of accordingly. (J.H.BHATIA,J.)