IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION APPEAL APPEAL APPEAL FROM ORDER NO.1115 of 2008 FROM ORDER NO.1115 of 2008 FROM ORDER NO.1115 of 2008 in in in L.C.SUIT L.C.SUIT L.C.SUIT NO. 1376 OF 2008 NO. 1376 OF 2008 NO. 1376 OF 2008 Sanjeeva Korga Shetty ... Appellant Vs. M.M.R.D.A.& ors ... Defendants Mr.M.V.Holmagi for Appellant Mr.M.M.Shetty for Respondent no.1 CORAM CORAM CORAM : A.V.NIRGUDE, J : A.V.NIRGUDE, J : A.V.NIRGUDE, J (Vacation (Vacation (Vacation Judge) Judge) Judge) DATED DATED DATED : 3RD : 3RD : 3RD NOVEMBER, 2008 NOVEMBER, 2008 NOVEMBER, 2008 P.C. P.C. P.C. 1. Not on board. Taken on board. At the request of Mr.Holmagi the learned Advocate appearing for the appellant and Mr.Madhu Shetty for the respondents. 2. Heard. Perused the order dated 24th October, 2008 passed by the learned Judge of the City Civil Court, Bombay refusing to continue the earlier ad interim protection granted pending the Notice of Motion. It is quite evident that the appellant’s advocate avoided to make submissions on the Notice of Motion and thereby tried to prolong the disposal of the Notice of Motion. The learned 2 Judge’s grievance was quite justifiable. But, since the impugned order would remove the protection and the impugned portion of the structure becomes vulnerable during the pendency of the Notice of Motion, I am of the view that the earlier order should be continued till a particular day when the appellant/his advocate should make their submissions on the Notice of Motion. The learned Judge of the trial Court can be directed to dispose of the Notice of Motion accordingly within the time frame. 3. The appeal is allowed. The impugned order is set aside. The ad interim protection granted earlier is brought in force but, it shall run till 12.11.2008. On that day the appellant or his advocate shall make his submissions on the Notice of Motion and thereafter the trial Court should dispose of the motion as soon as possible. It is specifically directed to the appellant’s advocate that on that day he shall not make any application for adjournment. He shall remain present before the Court at 11 a.m. sharp. In case the appellant’s advocate remains absent or does not make his submissions the Notice of Motion should be decided on merits. In case the learned Judge 3 of the trial Court thereafter is unable to dispose of the motion on the same day, the ad interim protection shall continue till the disposal of the motion. 4. The appellant shall deposit Rs.5000/- as costs on or before 8.11.2008 with the High Court Legal Aid Services Authority. Appeal is disposed of accordingly. { A.V.Nirgude, J } A.V.Nirgude, J } A.V.Nirgude, J }