1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER ST.NO.849 OF 2009 WITH CIVIL APPLICATION ST.NO.853 OF 2009 The Municipal Corporation of Greater Mumbai : Appellant versus Abu Bakar Umar Memon : Respondent. Shri N V Walawalkar, Senior Counsel, with Shri J J Xavier for the Appellant. Ms.Geeta Shastri i/by M/s.Khilnani & Co. for the Respondent. CORAM : R.M.SAVANT, J. DATED : FEBRUARY 27, 2009 P.C. 1. By consent of the learned counsel for the respective parties, the above Appeal is taken up for hearing as to admission. 2. The above Appeal is directed against the order dated 10th January 2008 passed by the learned Judge, City Civil Judge, Mumbai, in Notice of Motion No.2355 of 2007. By the said order, the Notice of Motion was made absolute in terms of prayer clause (a) thereby 2 injuncting the Appellant herein from taking action in respect of the disputed structure pursuant to the notice dated 7th April 2007 issued under Section 351 of the Mumbai Municipal Corporation Act and the order dated 26th June 2007 passed by the Assistant Commissioner, G-North Ward. The learned counsel for the Appellant fairly submitted that the injunction being in operation for almost more than a year, no useful purpose would be served even if the Appeal is admitted. The learned counsel further submitted that in the facts and circumstances of the case, the suit which is ripe for hearing may be directed to be disposed of within a particular time frame. 3. The said submission made by the learned counsel for the Appellant is not opposed by the learned counsel for the Plaintiff i.e the Respondent herein. 4. Looking to the issue involved in the suit, the hearing of the said L C Suit No.2427 of 2007 is expedited and is directed to be disposed of by 31st December 2009. The above Appeal from Order accordingly to stand disposed of. 3 5. In view of the disposal of the above Appeal, the Civil Application Stamp No.853 of 2009 does not survive and the same is accordingly disposed of. [R.M.SAVANT, J]