FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 635 OF 2008 W I T H CIVIL APPLICATION NO. 737 OF 2008 IN APPEAL FROM ORDER NO. 635 OF 2008 __________________________________________________________________ Office Notes, Office Memoranda of Coram, apperances, Court' s orders or Court's or Judge's orders directions and Registrar's orders Mr.Dhananjay R.Singh,adv.for appellants. Mrs.Geeta Joglekar, adv.for B.M.C. Coram: Smt.R.P.SondurBaldota J. Dated : 25 th September, 2008. P.C. : 1. This appeal arises out rejection of application for ad-interim relief to restrain the respondent-Corporation from dispossessing the appellant from the suit land. It appears that the respondent had issued notice to the appellant under Section 314 of the Mumbai Municipal Corporation Act and demolished the structure even before consideration of the reply filed by the appellant. Therefore, the appellant has taken out a Notice of Motion No. 859 of 2008 for a mandatory order of reconstruction of the demolished premises. That Notice of Motion is still pending. In the circumstances, the interest of justice would be served by giving a direction to the respondent-Corporation to file its affidavit-in- reply to Notice of Motion No. 859 of 2008 and to the Notice of Motion out of which the present Appeal from Order arises, within a period of 2 weeks from today i.e. by 10th October, 2008 and furnish a copy thereof to the appellant. The affidavit-in-rejoinder, if any, to be filed within a period of 2 weeks thereafter and furnish a copy thereof to the respondent. The Bombay City Civil Court shall consider and decide both the Notices of Motions within a period of 10 weeks from today i.e. by 4th December, 2008. With the above directions, the Appeal from Order stands disposed off. 2. On the application of Mr.Singh, the order dated 2nd July, 2008 passed in the instant Appeal is extended for a period of 10 weeks from today i.e. till 4th December, 2008. 3. With the disposal of the Appeal from Order, the Civil Application does not survive. The same is accordingly disposed off. [JUDGE]