IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER ST. NO.7174 OF 2008 WITH CIVIL APPLICATION ST. NO.7177 OF 2008 MRS. SMITA GAJANAN SAWANT ..APPELLANT V/S MUNICIPAL CORPORATION OF GREATER MUMBAI. ..RESPONDENTS MR. A.V. ANTURKAR, ADVOCATE H/F S.B. DESHMUKH, FOR THE APPELLANT. MRS. GEETA JOGLEKAR, ADVOCATE, FOR THE B.M.C. CORAM: J.H. BHATIA, J. CORAM: J.H. BHATIA, J. CORAM: J.H. BHATIA, J. DATE : 19TH MARCH, 2008. DATE : 19TH MARCH, 2008. DATE : 19TH MARCH, 2008. P.C. 1. Appeal against Order and Civil Application be registered. 2. Heard learned counsel for the parties. According to the plaintiff/appellant a notice was issued to her on 29th August 2005 by the Bombay Municipal Corporation to the effect that she has made certain repairs without prior permission of the Respondent - BMC and that she had removed two brick walls : 2 : and enclosed common passage by providing with glass panels, rolling shutter, brick wall and wooden door and thereby blocked the front side entry in room no. 6 and change of user from residential to commercial. According to the plaintiff/appellant on the basis of that notice no action was taken by the Respondent but recently the officer of the Municipal Corporation approached her and threatened to demolish the same. She filed a suit and took out a notice of motion seeking temporary injunction restraining the Municipal Corporation from acting upon the said notice. The learned trial court refused to grant ad interim relief but directed the parties to maintain status quo for a period of 6 days so that the plaintiff could challenge that order before the High Court. Admittedly the Notice of Motion is still pending and it is made returnable on 4th April 2008. The Respondent - Municipal Corporation has not yet filed the reply. 3. Taking into consideration the circumstances noted above, it will be in the interest of justice that the Appeal may be disposed of with the following directions:- 4. The Muncipal Corporation of Gr. Bombay shall file reply to the Notice of Motion within 2 weeks from this day and the trial court shall hear and dispose of the : 3 : same on its own merits within 3 weeks thereafter. The parties shall maintain status quo till the disposal of the Notice of Motion. 5. The Appeal stands disposed of with the aforesaid directions. 6. As the Appeal itself is disposed of, the Civil Application does not survive and stands disposed of accordingly. (J. H. BHATIA, J) (J. H. BHATIA, J) (J. H. BHATIA, J)