1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Appeal from Order No.1088 of 2008 in Notice of Motion No.1441 of 2005 in L.C.Suit No. 1754 of 2005 with Civil Application No.1342 of 2008 Prakash Kuppaswamy Naidu ..Appellant vs. The Mumbai Municipal Corporation..Respondent Shri S.S.Redekar for appellant Smt.K.Soraan for respondent. CORAM: K.K.TATED J 18th February,2010 P.C. 1 Heard the learned Counsel appearing for the appellant and the learned Counsel appearing for the respondent. 2 In the present appeal, the appellant/original plaintiff is challenging the order dated 8th October, 2008 passed by 2 the Bombay City Civil Court at Bombay in Notice of Motion No.1441 of 2005 in L.C.Suit No.1754 of 2005 dismissing the appellant s notice of motion. The appellant/original plaintiff filed L.C.Suit No.1754 of 2005 in the Bombay City Civil Court challenging the notice issued by the respondent Corporation under section 351 of the Bombay Municipal Corporation Act, 1888 in respect of the suit premises i.e. shop no.7, Sai Krupa Fast Food, Heerji Jivraj Buildi8ng, Aai Mai Merwanji Street, Parel, Mumbai 400 012 admeasuring 127.73 sq. ft. with loft admeasuring 42.42 sq. ft. In the Trial Court the appellant contended that the appellant filed an application dated 25th August, 2000 with the Corporation for grant of permission for effecting repairs along with the proposal for construction of a loft in the suit premises. The Corporation by its letter dated 22nd September, 2000 granted permission on certain 3 conditions. The Trial Court after considering the documents produced by the appellant held that the appellant failed to make out any case for interim stay. Being aggrieved by the said order dated 8th October, 2008, the appellant preferred the present appeal from order. In this appeal from order, this Court granted ad-interim relief in terms of prayer clause (a) of the Civil Application No.1342 of 2008 which reads as under: (a) Pending the hearing and final disposal of this Appeal from order, the respondents, their agents, servants, representatives be restrained by an order and injunction of this Hon ble Court from initiating any action in pursuance of the notice bearing Ref. No. FS/BFI/351/649/04-05 dated 12.2.2005 under sec. 351 of B.M.C. Act and order bearing Ref. No. FS/486/OD/BF dated 2.4.2005 passed by Asst. Commissioner, F/South Ward in respect of the suit premises i.e. shop no.7 (Sai 4 Krupa Fast Food), Hirji Jivraj Bldg., Aai Mai Merwanji Street, Parel, Mumbai 12 The said order came to be passed on 22nd October, 2008. Till today there is no reply filed on behalf of the respondent to oppose the civil application. The learned Counsel appearing on behalf of the appellant states that the appellant/original plaintiff has already filed the affidavit of evidence in the Trial Court. Not only that the respondent Corporation has also completed the cross examination. Now, the matter is kept for evidence of the respondent Corporation. As the matter is already reached for final hearing and the Trial is already started, I feel that in the interest of justice ad- interim relief granted by this Court on 22nd October, 2008 in terms of prayer clause (a) of the Civil Application No.1342 of 2008 should be continued till hearing and disposal of the suit. The learned Counsel appearing on 5 behalf of the respondent Corporation is not disputing the fact that the trial has already commenced in L.C. Suit No.1754 of 2005. In view of these facts the appeal from order is partly allowed. Ad-interim relief granted by this Court to continue till hearing and final disposal of L.C. Suit No./1754 of 2005. It is made clear that the observations made in this order will not come in the say of the applicant. 6 In view disposal of the appeal from order civil application no.1342 of 2008 does not survive and hence disposed of. 7 Compilation of documents tendered in Court is taken on record. (K.K.TATED J.)