1 WP-8279-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi WRIT PETITION NO. 8279 OF 2010 Padmakar Dhanji Patil ... Petitioner vs. Mumbai Municipal Corporation of Gr.Bombay Respondents Mr. C.K.Tripathi, Advocate, for the petitioner. CORAM: J.H.BHATIA,J. DATE : 19th October, 2010. P.C. 1. Heard the learned Counsel for the petitioner. None for the respondents. The learned Counsel for the petitioner has served the respondents. 2. The petition is filed against the order rejecting prayer for reconstruction of Notice of Motion No.445/1999 which appears to have been lost. The learned Counsel informs and it appears from the copy of the Roznama also that the present petitioner had filed L.C. Suit N.354/1999 challenging the notice under Section 351 of the Bombay Municipal Corporation Act and therein he had taken out Notice of Motion No.445/1999. From the Roznama, it appears that on 29.1.1999, when the Counsel for the Defendant-Municipal Corporation sought time to file reply, while granting the adjournment till 17.2.1999, the trial Court had 2 WP-8279-10.sxw directed parties to maintain status quo as on that day. That ad-interim relief appears to have been continued thereafter and in the meanwhile the record of the Notice of Motion appears to have been lost or misplaced in the office of the City Civil Court. The suit is pending since 1999. In view of these circumstances, in my considered opinion, no purpose will be served by reconstructing the Notice of Motion and passing any order thereon after hearing the parties on merits. Interest of justice will be better served if the suit itself is disposed of at the earliest. 3. Therefore, while this petition stands dismissed, the trial Court is directed to expedite the hearing and dispose of the suit No.354/1999 as early as possible and preferably by the end of April, 2011. If the defendants have not filed the written statement, it be filed within six weeks from this day. 4. Parties shall maintain status quo as granted on 29.1.1999 till final disposal of the suit. (J.H.BHATIA,J.)