1 81 AO.303.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 303 OF 2011 Shaikh Khalid Abdul Rashid. ... Appellant Versus The Municipal Corporation and another. ... Respondents ----- Mr. Sayani i/b Mr. A.A.Siddiquie and Associates for the Appellant. Mrs. K.K.Soraan for the BMC. ----- CORAM : A.S.OKA, J. DATE : 18 th April, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 By the impugned order dated 5 th March, 2011, the prayer made by the Appellant – plaintiff for grant of ad-interim injunction has been rejected. 3 On 16 th March, 2011 the Appellant has filed an undertaking, 2 81 AO.303.11 which has been taken on record and marked 'X' for identification. The said undertaking has been accepted. The said undertaking reads thus: “I Shri Shaikh Khalid Abdul Rashid, the Appellant (org.plaintiff) above named do hereby undertake that the plaintiff will not carry any construction to the portion demolished by the Bombay Municipal Corporation on 10 th March, 2011, pursuant to the Notice dated 27 th january, 2011 issued under section 354A of the Bombay Municipal Corporation Act 1888, more particularly described in photographs annexed with the Civil Application (st)No.6953 of 2011 till further order and or direction of this Hon'ble Court and or with permission of the Bombay Municipal Corporation according to law.” 5 It is obvious that the Appellant will be bound by the said undertaking till the disposal of the notice of motion. 6 In view of the said undertaking, a case is made out for grant of ad-interim relief pending the final disposal of Notice of Motion. Accordingly, the appeal is disposed of by passing the following order: i. The impugned order dated 5 th March, 2011 is quashed and set aside ; ii. Ad-interim relief granted by this Court on 16 th March, 2011 will continue to operate till the disposal of the notice of motion; 3 81 AO.303.11 iii. It is made clear that the Appellant will be bound by the said undertaking tendered in this Court till the disposal of the notice of motion ; iv. The notice of motion shall be decided expeditiously on its own merit ; v. All contentions of the parties on merits are kept open ; vi. There will be no order as to costs ; vii. Civil Application No. 437 of 2011 does not survive and the same is disposed of. [ A.S.OKA, J ]