1 10 ao 817.10.doc srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 817 OF 2010 WITH CIVIL APPLICATION NO. 1025 OF 2010 Vishal Shekhar Pujari ....Appellant Versus The Municipal Corporation of Greater Mumbai ,...Respondent CORAM : R.C. CHAVAN, J. DATED : 2ND AUGUST, 2010. P.C.: This Appeal is directed against an order passed by learned Judge, City Civil Court, rejecting prayer for ad-interim relief to restrain Respondent – Municipal Corporation from giving effect to its notice under section 351 of the Mumbai Municipal Corporation Act. Since the Appellant does not have any document as of now to show that the mezzanine floor according to the Appellant, or the first floor according to the Municipal Corporation, had requisite permission from the Municipal Corporation or was assessed by the Municipal Corporation. The learned Judge could not be faulted for refusing ad-interim relief. However, he has adjourned the matter to 17th September, 2010. The learned counsel for the Respondent 2 10 ao 817.10.doc Corporation states that the Corporation will file a reply within three weeks. The learned trial Judge may hear the Notice of Motion finally within a week thereafter. She states that the Corporation will stay its hands till then i.e. for total period of four weeks. Learned Judge may prepone hearing of the Notice of Motion from 17th September, 2010 to 23rd August, 2010 for filing reply, unless reply is already filed, and shall hear the parties preferably on 30th August, 2010. Parties would not require any further notice of this changed date of hearing before the trial Court. The Appeal is therefore, disposed in above terms. Accordingly, the Civil Application is also disposed of. (R.C. CHAVAN, J.)