SM 1 22.ao.1101.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1101 OF 2011 WITH CIVIL APPLICATION NO. 1467 OF 2011 IN APPEAL FROM ORDER NO. 1101 OF 2011 Mr. Sayyed Abbas Hussain ....Appellant. Versus Municipal Corporation of Greater Mumbai ....Respondent. ____________ Mr. Anil Singh i/b V. T. Pandey for the Appellant. Ms. K. K. Soraan for the Respondent-BMC. CORAM: R. M. BORDE, J. DATED : OCTOBER 11, 2011. P.C.: The appellant is raising exception to the order of refusal to grant ad-interim relief by the Judge, City Civil Court in Notice of Motion in L. C. Suit No. 2170 of 2011 decided on 28th September, 2011. There is an apprehension in the mind of the appellant that the structure constructed by him would be demolished by the BMC officers. It is stated that the structure is assessed for levy of taxes. The appellant has relied upon the assessment bill. The Trial Judge, while declining to grant relief has observed that he documents on which the plaintiff is seeking to place reliance, are not relating to the suit premises. However, on perusal of assessment bill, it appears that it is relatable to the appellant i.e. M/s. Kohinoor Brick Manufacturing, Military Road, Opp Marol Morshi Road, KBM Compound, Marol, Mumbai. The documents at page 49 is also apparently relates to the suit property. The counsel for the appellant seeks to place reliance on SM 2 22.ao.1101.11 the judgment in the case of Abdul Hasan Shaikh Mansuri V/s. Municipal Corporation of Mumbai and others reported in (2007) 4 ALL MR 100 page 97 and contends that the corporation authorities can not be permitted to carry out demolition without falling any procedure of law in respect of assessed structure. Considering the documents placed on record, I am of the view that the ends of justice would be met if the City Civil Court is directed to decide the pending Notice of Motion expeditiously by giving protection to the appellant from demolition at the hands of the corporation, in the meantime . 2. The Appeal from Order is disposed of with a direction to the Judge, City Civil Court to decide the Notice of Motion in the L. C. Suit No. 2170 of 2011 as expeditiously as possible, preferably within a period of 16 weeks from today. In the meantime, corporation shall not take any adverse action in respect of the suit premises. 3. The Appeal from Order stands disposed of. In view of disposal of the Appeal from Order, pending Civil Application does not survive and stands disposed of accordingly. (R. M. BORDE, J.)