: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1264 OF 2009 ALONGWITH CIVIL APPLICATION NO.1582 OF 2009 Beladevi Ratanlal Gupta & Anr. .. Appellants V/s. The Municipal Corporation of Greater Mumbai .. Respondents Mr. R.A. Thorat i/b. Mr. B.P. Shukla for the Appellants-Applicants. Smt. K.K. Soraan for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 7 TH JANUARY, 2010. P.C.: 1. The Appeal from Order arises from the order dated 7th December, 2009 passed by the City Civil Court, Dindoshi, Goregaon, Mumbai, in Notice of Motion No.304 of 2009 in L.C. Suit No.795 of 2009. The Notice of Motion filed by the appellants- plaintiffs has been dismissed. A suit has been filed for an injunction pursuant to the notice issued by the respondent-Municipal Corporation on 15th April, 2009 under Section 314 of the Mumbai Municipal Corporation Act for demolition of the : 2 : structure since it falls within the road line. The appellants-plaintiffs contended that it was a protected structure in view of the policy of 1st January, 1995, since the structure was in existence prior to that date. 2. Without there being any affidavit-in-reply to the Notice of Motion, the trial Court has dismissed the Notice of Motion. 3. In my view, it would be appropriate to direct the trial Court to decide the Suit expeditiously in view of the fact that the action has been taken under Section 314 on the basis that the suit structure falls within the road line. 4. The respondent-Municipal Corporation shall file its written statement within a period of four weeks from today. The trial Court shall hear and dispose of the Suit within a period of six months thereafter. : 3 : 5. Till then, the parties will maintain status-quo as of today with regard to the suit structure. 6. The Appeal from Order is disposed of. 7. In view of the above, Civil Application No.1582 of 2009 pending in the Appeal from Order does not survive and the same is dismissed. .......