: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.942 OF 2009 ALONGWITH CIVIL APPLICATION NO.1174 OF 2009 IN APPEAL FROM ORDER NO.942 OF 2009 Chandrashekhar Ramshankar Tiwari .. Appellant V/s. Maharashtra Housing & Area Develop. Authority & Anr. .. Respondents Mr. Vivek B. Pandey for the Appellant. Mr. D.R. Patil, AGP, for Respondent No.1. Ms. K.K. Soraan for Respondent No.2. CORAM : SMT. NISHITA MHATRE, J. DATED : 16 TH NOVEMBER, 2009. P.C.: 1. The Appeal from Order has been preferred against the order passed by the City Civil Court, Bombay in the Notice of Motion No.3799 of 2004 on 21st August, 2009. The plaintiff who is the appellant herein had a grievance that his premises were to be demolished by the MHADA. According to the plaintiff, his structure is on a plot of land bearing Survey No.32, Hissa No.11, CTS No.19 [part] of Village Oshiwara and is numbered as Hut No. KWX-154-1/1. The plaintiff claims that he is : 2 : entitled to maintain the suit structure on several grounds. 2. Admittedly, during the pendency of the suit the structure was demolished and has been reconstructed pursuant to the orders passed by this Court in Writ Petition No.9182 of 2004. 3. The Notice of Motion has been dismissed essentially on the ground that the plaintiff has not filed photographs of the suit structure and because the description of the suit premises in the plaint and various documents filed does not tally. I have perused some of the documents which are annexed to the Appeal Memo and the plaint and I find prima facie that this finding of the trial Court is incorrect. 4. In my opinion, therefore, it would be appropriate to direct the trial Court to dispose of the Suit which has been pending from 2004 as expeditiously as possible. : 3 : 5. Till then the suit structure will not be demolished except by following due process of law. 6. In view of the above, Civil Application No.1174 of 2009 pending in the Appeal from Order does not survive and the same is dismissed. .......