1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.264 OF 2009 WITH CIVIL APPLICATION NO. 313 OF 2009 Anwarali Sadruddin Jiwani : Appellant. Versus Municipal Corporation of Greater Mumbai. : Respondent. ALONG WITH APPEAL FROM ORDER ST NO.27473 OF 2008 WITH CIVIL APPLICATION ST NO. 27475 OF 2009 Sadruddin K Jiwani : Appellant. Versus Municipal Corporation of Greater Mumbai. : Respondent. Shri P M Havnur i/by Shri D M Shah for the Appellants. Smt. K K Soraan for the Respondent. CORAM : R.M.SAVANT, J. DATED : FEBRUARY 27, 2009 P.C. 1. The above Appeals filed by the original Plaintiff are directed against the orders both dated 19/11/2008 passed by the learned City Civil Judge, Mumbai by which order the the learned trial Judge did not 2 deem it fit to consider the prayer of the Plaintiffs for grant of any ad- interim reliefs but directed the parties to maintain the status quo. The Notices of Motion were made returnable on 27/11/2008 by directing the parties to maintain status quo. 2. The challenge in the suits is as regards the notices issued under Section 354A of the Mumbai Municipal Corporation Act to the Plaintiffs. By way of the Notices of Motion certain mandatory reliefs are sought which have been refused at the ad-interim stage by the trial Court. 3. The said reliefs were pressed before this Court also. In my view, it would not be proper to consider the said reliefs when the Notices of Motion filed by the Appellants/Plaintiffs are as yet pending. The interest of justice would therefore be served by issuing the following directions. 4. The hearing of both the Notices of Motion filed in L C Suit No.2730/08 and 2729/08 is expedited and directed to be disposed of 3 within a period of twelve weeks from date. The said Motions to be disposed of on their own merits and in accordance with law. 5. The Respondent-Corporation to file its affidavit in reply to the said Motions within three weeks from date. Rejoinder if any to be filed by the Appellants/Plaintiffs within two weeks thereafter. 6. All the contentions of the respective parties are kept open. 7. With the above directions both the Appeals from Order are accordingly disposed of. 8. Shri Havnur, the learned counsel for the Appellants undertakes to remove all the office objections in Appeal Stamp No.27473 of 2008 within a period of one week from date. 9. In view of the disposal of the above Appeal from Orders, the Civil Applications do not survive and the same are accordingly disposed of. 4 [R.M.SAVANT, J]