1 ao115-05 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa APPEAL FROM ORDER NO. 115 OF 2005 IN NOTICE OF MOTION NO. 3467 PF 2004 Jyoti D. Desai .. Appellant V/s. M.C.G.M. .. Respondent .... Mr. Suresh Dubey i/b. M/s. J. S. Kini & Co. for the appellant. Mrs. K. K. Sorann for respondent-BMC. .... CORAM : A. S. OKA, J. DATE : FEBRUARY 23, 2011. JUDGMENT :- The original plaintiff has taken an exception to the impugned judgment and order by which the Notice of Motion taken out by her was dismissed. 2. The challenge in the suit is to the action sought to be taken by the respondent on the basis of a notice issued under Section 354 A of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as the “said Act”). The prayer in the 2 ao115-05 Notice of Motion on which impugned order was passed was for injunction restraining the respondent-corporation from demolishing the suit premises. 3. Civil Application No. 112 of 2005 was filed by the appellant in this Appeal. After hearing both the parties, interim injunction was granted in the Civil Application on 7th February, 2005, subject to condition that appellant will maintain status-quo in respect of the suit property in all respects. 4. The learned counsel appearing for the appellant states that now the said suit is fixed for final arguments. 5. The discretionary relief of temporary injunction granted by this Court is operating for last six years. As the suit is at the stage of final hearing, the said interim relief deserves to be continued till the disposal of the suit. Hence, Appeal is disposed of by passing the following order : :: O R D E R :: 3 ao115-05 i. Interim relief granted by this Court in Civil Application No.112 of 2005 will continue to operate till the final disposal of the suit. ii. All contentions of the parties on merits of the suit are kept open. iii. The suit shall be decided without being influenced by the tentative findings recorded in the impugned order as well as by the grant of interim relief by this Court. iv. The Appeal is disposed of on the above terms with no order as to cost. JUDGE