- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER No. 651 OF 2009 WITH CIVIL APPLICATION No. 817 of 2009 M/s. Kriyaan Enterprises & Ors. ... Appellants Vs. Municipal Corporation of Gr. Mumbai & Ors. ... Respondents *** Mr. P. K. Dhakephalkar, Sr. counsel i/b Mr. Sameer Bhalekar for the appellants. Mr. K. K. Soraan, for respondent No.1. Ms. Rajni Iyer, Sr. counsel i/b Tushar A. Goradia, for respondent Nos. 2 and 3. --- CORAM : R. V. MORE, J. DATE : JULY 6, 2009. PC :- 1. The appellants are the original plaintiffs. By the order impugned in the present appeal, ad-interim relief claimed by the appellants in their Notice of Motion No. 406 of 2009 was refused by the trial Court. A statement was made by the learned senior counsel for the respondent Nos. 2 and 3 that the said Notice of Motion is fixed for hearing today. This statement is not disputed by the learned senior counsel for the appellants. - 2 - 2. Both the learned senior counsel appearing for the respective parties agree to go before the trial Court and argue for final disposal of the said Notice of Motion. Ms. Rajni Iyer, learned senior counsel also makes a statement that reply to said Notice of Motion is already filed respondent Nos. 2 and 3 shall maintain status-quo, as far as construction on the suit property and creating third party interest therein, is concerned, for a period of four weeks. 3. In the above facts and circumstances, without going into merits of the matter, the appeal is disposed of by passing following order. ORDER (i) The learned City Civil Court, Borivali Division, (Dindoshi- Bombay) is directed to decide the appellants’ Notice of Motion No. 406 of 2009 as expeditiously as possible and in any case within a period of four weeks from today. (ii) The respondent No.1 Corporation is directed to file their reply to the Notice of Motion within a period of one week from today. The respondent Nos. 2 and 3 are at liberty to produce relevant documents within the said period of one week. The appellant is at liberty to file rejoinder, if necessary, within a period of one week thereafter. - 3 - (iii) For the period of four weeks from today, the respondent Nos. 2 and 3 shall maintain status-quo regarding construction on the suit property. During the said period they shall also not create third party interest in the suit property. (iv) It is expressly made clear that the learned trial Judge shall dispose of the said Notice of Motion No. 406 of 2009 independently on its own merit and without being influenced by the order impugned in the present appeal. All points and contentions are expressly kept open, to be agitated by the respective parties before the trial Court. (v) In view of disposal of the present appeal, Civil Application No. 817 of 2009 does not survive for consideration and the same is accordingly disposed of. Sd/- [ R. V. MORE, J.]