1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1261 OF 2008 ALONG WITH CIVIL APPLICATION NO. 1550 OF 2008 Mr.Sunil Ramesh Shitap ... Appellant v/s The Mumbai Municipal Corpn. Of Gr. Bombay ... Respondent WITH APPEAL FROM ORDER NO. 1262 OF 2008 ALONG WITH CIVIL APPLICATION NO. 1551 OF 2008 Smt.Swati Sunil Shitap ... Appellant v/s The Mumbai Municipal Corpn. Of Gr. Bombay ... Respondent AND APPEAL FROM ORDER NO. 1263 OF 2008 ALONG WITH CIVIL APPLICATION NO. 1552 OF 2008 Smt.Vimal Ramesh Shitap ... Appellant v/s The Mumbai Municipal Corpn. Of Gr. Bombay ... Respondent 2 Mr.Mohit Jadhav for the appellant in all matters. Mrs.K.K.Soraan for the respondent Corporation in all matters. CORAM: SMT.NISHITA MHATRE, J. DATED: 1ST FEBRUARY, 2010 P.C.: 1. The appeals have been preferred against the order dated 4.6.2008, by which the notice of motion preferred by the appellants in their respective suits have been dismissed. 2. A notice was issued under Section 314 of the Mumbai Municipal Corporation Act to the appellants for removal of the suit structures which, according to the Corporation, were constructed on the municipal road. This fact has been denied by the appellants by contending that the structures are at a distance of 500 meters from the municipal road. 3. Ad-interim relief had been granted in favour of the appellants on 12.12.2008. The order has been running in favour of the appellants since then. It appears that issues have been framed by the Trial Court in each of the suits. 3 4. In these circumstances, in my view, it would be appropriate to continue the relief granted by this Court during the pendency of the trial. However, in view of the fact that the notice was issued under Section 314 of the Mumbai Municipal Corporation Act indicating the suit structure was on the municipal road, it would be appropriate to direct the Trial Court to hear and dispose of the suits by 1.6.2010. 5. Appeals from order stand disposed of accordingly along with the respective civil applications. 6. The ad-interim relief granted by this Court on 12.12.2008 will continue till the suits are finally disposed of. 7. The Trial Court is directed to dispose of the suits by 1.6.2010. ..... 4