1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO. 877 OF 2007 APPEAL FROM ORDER NO. 877 OF 2007 APPEAL FROM ORDER NO. 877 OF 2007 WITH CIVIL APPLICATION N. 1223 OF 2007 IN NOTICE OF MOTION NO. OF 2007 IN LONG CAUSE SUIT NO. 3741 OF 2007 Mr. Govind S/o Niklase Patil ... Appellant (Org. Plaintiff) Vs. Municipal Corporation of Greater Mumbai & Anr. ... Respondents (Org. Defendants) Mr.A.M.Saraogi, Advocate, for the appellant Mr.A.J.Bhor, Advocate, for the respondents. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 17th January,2008. DATE: 17th January,2008. DATE: 17th January,2008. P.C. P.C. P.C. 2 1. Heard learned Counsel for the parties. 2. This Appeal is preferred against the impugned order by which the trial Court refused to grant ad-interim injunction while the Notice of Motion is still pending. This Court had passed the order dated 13.11.2007 to maintain status quo. 3. The learned Counsel for the appellant seeks to withdraw the Appeal with a request that the status quo be maintained till the decision of the Notice of Motion. The learned Counsel for the respondents has no objection for the same. 4. Therefore, the appeal stands disposed of as withdrawn. 5. According to learned Counsel for the Respondents, certain photographs have been taken out on 15.12.2007 and 17.12.2007 showing that inspite of the status quo order, the appellant had continued the construction work. The Corporation shall be at liberty to produce the documents before the trial Court and the trial Court shall decide the Notice of Motion taking into consideration all the material before the trial 3 Court. 6. The responents shall file their reply beore the trial Court within one week from this date and the trial Court shall dispose of the Notice of Motion within three weeks thereafter. 7. Till the decisiion of the Notice of Motion, the order of status quo passed on 13.11.2007 shall continue to be in force. 8. As the Appeal itself stands disposed of as withdrawn, the Civil Application does not survive and the same stands disposed of. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)