spb/- 1 ao1312-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION APPEAL FROM ORDER NO. 1312 OF 2010 ALONWITH CIVIL APPLICATION NO. 1615 OF 2010 IN A.O. NO. 1312/2010 Municipal Corporation of Gr. Mumbai ... Appellant. Vs. Shri Jerome D’cunha ... Respondent. --- Ms. K.K. Soraan for the Appellant. ----- CORAM : D. G. KARNIK, J. DATE : 24rd NOVEMBER, 2010. P.C. 1 Heard learned counsel for the Appellant. None present for the Respondent. 2 The appellant challenges the order of injunction, restraining it from demolishing the suit structure. According to the appellant the suit structure is illegal and unauthorized. The learned Judge of the City Civil Court, Gr. Bombay has not recorded a finding that the structure was in existence prior to the datum line but has only observed that he could not decide finally on the said issue, which would be decided at the stage of spb/- 2 ao1312-10.sxw trial. In view of this, the ends of justice would be met by expediting the hearing of the suit. 3 The learned trial court judge is directed to dispose of the suit expeditiously and in any case before 30th of June, 2011. With this observation, the Appeal is disposed of. 4 In view of the disposal of the appeal itself, the civil application no. 1615/2010 does not survive and the same is disposed of as such. [D.G. KARNIK, J.] .....