ash 1 fa-140.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.140 OF 2011 Vinod Murji Savla. .. Appellant Vs Municipal Corporation of Greater Bombay. .. Respondent -- Shri R.C. Kaushik i/by Kaushik & Co. for the Appellant. Shri Vinod Mahadik for the BMC. -- CORAM ; A.S. OKA, J DATED : 9TH FEBRUARY, 2011 P.C. . Heard learned counsel appearing for the Appellant and the learned counsel appearing for the sole Respondent. It appears that the Respondent-Defendant did not file a written statement for contesting the suit. By the impugned decree, the suit filed by the Appellant has been dismissed which was filed for challenging the order of demolition under Section 351 of the Mumbai Municipal Corporation Act, 1888. Learned counsel appearing for the Respondent submitted that if a reasonable time is granted, the Respondent will be in a position to file a written statement. He, therefore, submits that the suit may be remanded. 2. If an order of remand is passed and ad-interim relief ash 2 fa-140.11 granted by this Court is continued, there will not be any serious prejudice to the Appellant. Moreover, the suit has been filed prior to coming into force of the 2002 amendment to the Code of Civil Procedure, 1908 and hence, amended rule 1 of Order VIII will not apply. 3. Hence, I pass the following order. (i) The impugned judgment and decree dated 22nd December, 2010 is quashed and set aside and L.C. Suit no. 5181 of 2001 is restored to the file of the Trial Court. (ii) Written Statement shall be filed by the Respondent - Defendant within a period of 12 weeks from today. The Trial Court shall not grant any further time. (iii) After written statement is filed, the Trial Court, if necessary, shall recast the issues. (iv) The Trial Court will permit the Appellant-Plaintiff to adduce further evidence in addition to the evidence which is already on record. Even the Respondent ash 3 fa-140.11 will be entitled to adduce evidence. (v) The suit shall be decided as expeditiously as possible. (vi) Till disposal of the suit, status quo as of today in respect of the disputed structure shall be maintained. (vii) The Appeal is partly allowed in above terms with no orders as to costs. ( A.S. OKA, J )