1 ao473 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO.473 OF 2011 Suresh Yallappa Shetty ...Appellant vs. Brihan Mumbai Municipal Corporation ...Respondent Mr.Anil Singh i/b Mr.Amarendra Mishra for the appellant Ms K.K.Soraan for the respondent CORAM : A.S.OKA,J. DATE : MAY 5, 2011 P.C.: 1 Heard learned counsel for the parties. The appellant is the original plaintiff who has filed a suit for challenging the action of demolition under section 351 of the Mumbai Municipal Corporation Act,1888. One of the contentions raised in the plaint is that on 23rd August 2001, a notice under section 351 of the said Act was issued to the appellant in respect of the suit structure. It is contended that the appellant replied to the said notice, but no order was passed on the basis of the said notice. It is contended that the notice which is subject matter of challenge in the suit relates to the same suit structure. 2 By a cryptic order, the prayer for ad-interim relief was rejected and notice of motion has been adjourned to 24th June 2011. Aforesaid aspects which are canvassed by the appellant have not been considered. 3 Hence, appeal from order need not be kept pending and the same is disposed of by passing the following order : 2 ao473 i) Parties will maintain status quo as of today till 24th June 2011. ii)If the notice of motion cannot be heard on the next date, the trial Court will consider afresh the prayer for ad-interim relief in the notice of motion. iii)All contentions of the parties on merits are kept open. iv)Pending notice of motion will be decided on its own merits. v) Appeal is disposed of on above terms. vi)Civil application no.662 of 2011 does not survive and the same is disposed of. JUDGE