1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.862 OF 2009 WITH CIVIL APPLICATION NO.1060 OF 2009 Jairam Megha Dholakiya ..Appellant V/s Kumar Builders & Ors. ..Respondents ---- Ms.Lata S.Patne for the appellant. Mr.Gaurav Joshi & Satya i/by Markand Gandhi for respondent no.1. Mr.G.W.Mettos for respondent nos.4 & 5. ---- Coram : R.S.MOHITE,J Date : 7th September, 2009. PC 1 Heard both sides. The plaintiff has filed a suit in the City Civil Court, inter alia seeking an injunction restraining the defendants, their servants, agents and/or any other person claiming through them from vacating and dispossessing the plaintiff and his family from his hut tenement no.3 and demolishing the suit premises i.e. Hut no.3, 158 Ganesh Chawl, Plot No.1084, TPS No.4, Century Bazar, Prabhadevi, Mumbai-400 025, without following due process of law. By his Notice of Motion, he has sought an injunction in similar terms. The said injunction was refused and therefore, this appeal came to be filed. 2 Counsel for the original defendant no.1 who claims title from defendant no.2 makes 2 a statement that in respect of the aforesaid structure which is the suit property, he will maintain status-quo till the disposal of the Notice of Motion and that in view of urgency of the matter Notice of Motion may be directed to be disposed off within two weeks from today. In the circumstances, in respect of the aforesaid property both the parties are directed to maintain status-quo till the disposal of the Notice of Motion. City Civil Court is directed to dispose off the Motion as early as possible and in any case not later than six weeks from the date when the writ of this Court reaches City Civil Court. In the case of an adverse order, status-quo will be continued for a further period of two weeks. All issues raised by parties are kept open. Advocate for the appellant agrees to immediately give inspection of all documents on which her client relies on including MHADA proceedings which are presently in her possession. Appeal from Order disposed off accordingly. CIVIL APPLICATION NO.1060 OF 2009 As the main appeal is disposed off, Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3