: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.696 OF 2009 ALONGWITH CIVIL APPLICATION NO.871 OF 2009 Khakhar Apartment Co-op. Hsg. Soc. Ltd. .. Appellant V/s. Municipal Corporation of Greater Mumbai .. Respondents Mr. Chirag Shah i/b. Mr. J.J. Shah for the Appellant. Smt. K.K. Soraan i/b. Mr. R.A. Malandkar for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 2 ND DECEMBER, 2009. P.C.: 1. The appellant has preferred the present Appeal from Order against the order passed by the City Civil Court, Dindoshi, Mumbai on 10th February, 2009 in the Notice of Motion in L.C. Suit No.317 of 2009, refusing to grant ad-interim relief to the appellant. The main reason advanced by the trial Court for refusing the ad-interim relief is that it appeared to the trial Court, prima facie, that the appellant-plaintiff had an equally efficacious remedy in view of the provisions of Section 226(3) : 2 : of the Mumbai Municipal Corporation Act, (for short “the MMC Act”), to approach the Chief Judge of the Small Causes Court. 2. I have heard the learned Counsel appearing for the parties. In my opinion, the reason given by the trial Court for refusing ad-interim relief on the ground that the appellant has a remedy available under Section 226(3) of the MMC Act is incorrect. The notice has been issued under Section 222 of the MMC Act. Therefore, the question of approaching the Chief Judge of the Small Causes Court under the provisions of Section 226(3) of the MMC Act does not arise since the notice was not issued under Section 226(1) of the MMC Act. 3. In my view, it would be appropriate to direct the trial Court to decide the Notice of Motion which is pending before it within a stipulated time. 4. The respondent-Municipal Corporation has already filed a reply. The appellant may file : 3 : rejoinder, if any, within a week from today. The trial Court should decide the Notice of Motion within a period of four weeks thereafter. If no rejoinder is filed within the stipulated time, the trial Court will decide the Notice of Motion in the absence of a rejoinder. 5. The status-quo as of today shall be maintained by the parties till the Notice of Motion is disposed of. 6. The Appeal from Order is disposed of. 7. In view of the above, Civil Application No.871 of 2009 pending in the Appeal from Order does not survive and the same is dismissed. .......