1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.747 OF 2008 IN APPEAL FROM ORDER NO.642 OF 2008 Smt.Fatima Begum Mohd. Rafique Qureshi ..Applicant V/s The Municipal Corporation of Greater Mumbai ..Respondents & ors Mr.P.K.Dhakephalkar with Mr.R.R.Sharma, Advocate, for the applicant Mr.Anil C. Singh with Mr.D.R.Shah, Advocate, for the respondent Nos.2 to 9 Mr.A.Y.Sakhare, Special Counsel with Smt.K.K.Soraan, Advoate, for the respondent No.1/MCGM CORAM : R.M.SAVANT, J. DATE : 9TH FEBRUARY, 2009 P.C. . Heard the learned counsel for the parties. There would be interim relief in terms of prayer clause (a). However, the same would not preclude the City Civil Court from disposing of S.C.Suit No.1383 of 2007 which, I am informed, is at the stage of recording of evidence. 2 2. Considering the facts and circumstances of the case, the learned Judge of the City Civil Court would endeavour to dispose of the said suit by 31st May, 2009. The continuance of the structure would be subject to the final outcome of the suit. 3. In the event the respondent No.1 – Corporation requires the area occupied by the structure either for road widening or for work relating to storm under drainage, the respondent No.1 – Corporation would be entitled to proceed in accordance with law. The above Civil Application is accordingly disposed of. (R.M.SAVANT, J.)