1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.385 OF 2009 Shri Khiladi Yadav ..Appellant V/s Municipal Corporation of Greater Mumbai ..Respondents ---- A N D CIVIL REVISION APPLICATION NO.384 OF 2009 Shri Umesh Yadav ..Appellant V/s. Municipal Corporation of Greater Mumbai ..Respondent ---- Mr.Anil A. Desai for the appellants. Mrs. K.K.Soraan for the respondent/BMC. ---- Coram : R.S.MOHITE,J Date : 12th October, 2009. PC 1 These are the revision applications filed by the original plaintiffs impugning an order dated 22.7.2009 by which the Court has directed the defendant/BMC to file its written statement subject to payment of cost. It appears to be the plaintiffs’ case that a notice was given under Section 314 for demolition of certain premises. Counsel contends that though there was a protective order of this Court, the structures were demolished. The said 2 protective order was passed in an earlier suits filed by the plaintiffs. It appears that a Notice of Motion for contempt was pending in the earlier suit taken out by the plaintiff and that motion was directed to be disposed off along with suit. After the demolition was effected, the present suit was taken out by the plaintiff for effecting re-construction and for certain other reliefs. The present suit was filed in the year 2005 and ultimately, no written statement order was passed. The record indicates that thereafter the suit was adjourned to 17.2.2005. On the next date i.e. 18.2.2005 the plaintiff filed his affidavit of evidence. Application for setting aside no written statement order was thereafter filed and the reasons given therein i.e lack of instructions by the Advocate and heavy work load have been accepted by the trial Court while passing the impugned order. In my view, since discretion has been exercised, it would not be in the interest of justice to interfere with the impugned order. However, since the plaintiff is really interested in the construction of his premises, it is directed that hearing of the Suit Nos.3861 of 2003 and 3862 of 2003 are expedited and the said suits along with Notice of Motions therein will be disposed off expeditiously and in any case not after December-2010. Both the C.R.As stand disposed off. Certified copy expedited. (R.S.MOHITE,J) 3