1 ao304 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO.304 OF 2011 Firoj Khan Sohrab Khan ...Appellant vs. The Municipal Corporation of Greater Bombay ...Respondent Mr.V.K.Shrivastav i/b M/s.Khilnani & Co. for the appellant Ms K.K.Soraan for the respondent CORAM : A.S.OKA,J. DATE : MAY 5, 2011 P.C.: 1 Heard learned counsel for the parties. By this appeal, the appellant-original plaintiff has challenged the order of the trial Court by which the prayer for granting ad-interim injunction has been rejected. 2 The challenge in the suit filed by the appellant is to the action under section 314 of the Mumbai Municipal Corporation Act,1888. One of the contentions raised is that a reply to the said notice was submitted by the appellant. It is contended that the reply was in the form of notice under section 527 of the said Act. While passing the impugned order, the trial Court has not dealt with this aspect. The contention of the appellant is that there is no order passed on the notice under section 314 of the said Act after considering the reply. In my view, this was a fit case where ad-interim relief ought to have been granted. 3 Hence, appeal is disposed of by passing the following order : 2 ao304 i) Ad-interim relief granted by this Court on 15th March 2011 will continue to operate till the disposal of the notice of motion. ii)Notice of motion will be decided on its own merits without being influenced by this order. iii)All contentions of the parties on merits of the notice of motion are kept open. iv)Civil application no.438 of 2011 does not survive and the same is dispose of. v) There will be no order as to costs. JUDGE