1 AOG-913.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.913 OF 2010 WITH CIVIL APPLICATION NO.1221 OF 2010 IN APPEAL FROM ORDER NO.913 OF 2010 Chaya Umesh Shah .... Appellant Vs. The Municipal Corporation of Gr. Bombay & Ors. .... Respondents S/Shri G.S. Godbole i/b Y.R. Shah for the Appellant. Ms K.K. Soraan for the BMC. CORAM: R.C. CHAVAN, J. DATED: AUGUST 10, 2010 P.C: This appeal questions refusal of ad- interim relief by the learned trial Judge. The Notice of Motion itself is kept for hearing on 20-8-2010. The learned Judge would undoubtedly hear it on that day. The learned Judge refused ad-interim injunction observing that the plaintiff had been allotted transit accommodation because the building is in a precarious condition. It is not that the 2 AOG-913.10 plaintiff is thrown on the street. The learned Judge would consider all aspects of the matter, including the observations of a Division Bench of this Court in Prabhawati Tokersi Chheda v. Maharashtra Housing & Area Development Authority & others, reported in 2002 (4) Bom.C.R. 579 on which the learned counsel for the appellant placed reliance. It cannot be said that the learned Judge was obliged in this case to grant ad-interim relief without hearing the parties. The appeal is, therefore, dismissed. Since the appeal itself has been dismissed, Civil Application No.1221 of 2010 also stands dismissed. (R.C. CHAVAN, J.)