IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.853 OF 2009 WITH CIVIL APPLICATION NO.1049 OF 2009 Satyawan M. Labde ...Appellant. v. The M.C.G.M.& Ors. ...Respondents. Mr. J.J.Shah, adv. For the Appellant. Smt.K.K.SOran, adv. For the Respondent No.1/BMC. CORAM : J.H. BHATIA, J. DATED : APRIL 13, 2010 P.C. 1 The plaintiff/appellant had filed suit no.5361/06 challenging the notice of motion under Section 351 of the Municipal Corporation Act . In that suit, notice of motion no.4713/06 was taken out for temporary injunction. The notice of motion was rejected. That order is challenged in the present appeal. Dispute is about the alleged unauthorised construction of the toilet block admeasuring 7 ft. 9" X 4 ft. 8". The learned counsel for the appellant points out that about the same structure in 1994 his landlord had filed the suit and that suit is still pending. The same structure is not public place nor there is encroachment on the public property. The learned counsel informs that the suit itself is fixed for evidence and on 30th April, 2010, matter is fixed for cross- - 2 - examination of the witness. 2 Taking into consideration the circumstances, in my considered opinion, the following order will meet the ends of justice: i The trial Court shall expedite the hearing of the Suit No. 5361/06 and dispose off the same as early as possible and preferably within six months. Pending the suit, parties shall maintain status-quo. 3 The appeal stands disposed off. 4 As the appeal itself is disposed off, civil application no. 1049/09 does not survive and stands disposed off accordingly. (J.H. BHATIA,J.)