1 ao49-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa APPEAL FROM ORDER NO. 49 OF 2011 Municipal Corporation of Greater Mumbai .. Appellant V/s. M/s. Majid Qureshi & Ors. .. Respondents ..... Mrs. K. K. Soraan for the appellant -BMC. Mr. Vishal Phal i/b. Mr. Madhusudhan G. Gawde for the respondents. ..... CORAM : A. S. OKA, J. DATE : MARCH 31, 2011. P.C.:- Heard the learned counsel appearing for the parties. The impugned order of temporary injunction has been passed by the trial Court, on 6th August, 2010. It is stated that in the suit filed by the respondents, an order has been passed by the trial Court directing that the suit will proceed without the written statement of the appellant. 2. Considering the stage of the suit and the nature of the impugned order which is an equitable and discretionary order, it is not necessary to interfere with the impugned order. 2 ao49-11 3. Accordingly, the Appeal From Order is dismissed with no order as to costs. 4. The trial Court shall accept the written statement of the defendants, if the same is filed within a period of six weeks from today. No further extension shall be granted. 5. Hearing of the suit is expedited and trial Court shall endeavour to conclude the hearing on or before 31st October, 2011. 6. All contentions of the parties on merits of the suit are kept open. 7. Trial Court shall decide the suit without being influenced by the impugned order passed by the trial Court and the confirmation thereof by this Court. JUDGE