1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION APPEAL APPEAL APPEAL FROM ORDER NO.223 OF 2008 FROM ORDER NO.223 OF 2008 FROM ORDER NO.223 OF 2008 inin in NOTICE NOTICE NOTICE OF MOTION NO.444 OF 2008 OF MOTION NO.444 OF 2008 OF MOTION NO.444 OF 2008 inin in L.C.SUIT L.C.SUIT L.C.SUIT NO.189 of 2008 NO.189 of 2008 NO.189 of 2008 Mrs Mrs Mrs Kishori wd/o K.L.Thankappan .. Appellant Kishori wd/o K.L.Thankappan .. Appellant Kishori wd/o K.L.Thankappan .. Appellant Pillai Pillai Pillai (Orig.Deft (Orig.Deft (Orig.Deft no.3) no.3) no.3) vs 1.1.1. Shri Shamsoo Kumar & Ors .. Respondents Shri Shamsoo Kumar & Ors .. Respondents Shri Shamsoo Kumar & Ors .. Respondents Mr.D.H.Mehta, Mr.D.H.Mehta, Mr.D.H.Mehta, Sr.Counsel a/w Mr.R.P.Ojha Sr.Counsel a/w Mr.R.P.Ojha Sr.Counsel a/w Mr.R.P.Ojha for for for Appellant Appellant Appellant Mr.R.K.Malandkar Mr.R.K.Malandkar Mr.R.K.Malandkar for Respondent Corporation for Respondent Corporation for Respondent Corporation CORAM: CORAM: CORAM: J.H.Bhatia, J J.H.Bhatia, J J.H.Bhatia, J DATED: DATED: DATED: 13th March, 2008 13th March, 2008 13th March, 2008 P.C. P.C. P.C. 1.1.1. Heard learned counsel for the appellant who is Heard learned counsel for the appellant who is Heard learned counsel for the appellant who is Original Original Original Defendant no.3 and counsel for the Defendant no.3 and counsel for the Defendant no.3 and counsel for the Municipal Municipal Municipal Corporation Corporation Corporation which was original defendant which was original defendant which was original defendant no.1 no.1 no.1 2 2.2.2. The respondent nos. 1 and 2 filed Suit No. 189 The respondent nos. 1 and 2 filed Suit No. 189 The respondent nos. 1 and 2 filed Suit No. 189 of of of 2008 challenging the notice under section 351 2008 challenging the notice under section 351 2008 challenging the notice under section 351 issued issued issued by by by the Municipal Corporation. The plaintiffs the Municipal Corporation. The plaintiffs the Municipal Corporation. The plaintiffs had had had also taken out Notice of Motion for temporary also taken out Notice of Motion for temporary also taken out Notice of Motion for temporary injunction. injunction. injunction. On 29th January, 2008 the trial Court On 29th January, 2008 the trial Court On 29th January, 2008 the trial Court passed passed passed an ad interim order to maintain status quo an ad interim order to maintain status quo an ad interim order to maintain status quo until until until further orders and fixed the Notice of Motion further orders and fixed the Notice of Motion further orders and fixed the Notice of Motion on on on 3rd 3rd 3rd April, 2008 for reply. The present appellant April, 2008 for reply. The present appellant April, 2008 for reply. The present appellant claims claims claims to be the owner of the property. The to be the owner of the property. The to be the owner of the property. The appellant appellant appellant also took out Notice of Motion to vacate also took out Notice of Motion to vacate also took out Notice of Motion to vacate the the the status status status quo order. On that Notice of Motion, the quo order. On that Notice of Motion, the quo order. On that Notice of Motion, the learned learned learned trial Court Judge passed an order dated 1st trial Court Judge passed an order dated 1st trial Court Judge passed an order dated 1st March, March, March, 2008 and issued notice returnable on 15th 2008 and issued notice returnable on 15th 2008 and issued notice returnable on 15th March, March, March, 2008. 2008. 2008. 3.3.3. Taking into consideration the circumstances, in Taking into consideration the circumstances, in Taking into consideration the circumstances, in my my my considered considered considered opinion, it will be in the interest of opinion, it will be in the interest of opinion, it will be in the interest of justice justice justice to dispose of the appeal with the following to dispose of the appeal with the following to dispose of the appeal with the following directions directions directions : : : O R D E R R D E R R D E R (i) (i) (i) The The The parties shall appear before parties shall appear before parties shall appear before the the the Trial Court on 15th March, 2008 Trial Court on 15th March, 2008 Trial Court on 15th March, 2008 and and and shall file reply to both the shall file reply to both the shall file reply to both the Notices Notices Notices of Motions within one week of Motions within one week of Motions within one week 3 thereafter thereafter thereafter and the trial Court and the trial Court and the trial Court shall shall shall hear and dispose of both the hear and dispose of both the hear and dispose of both the Notice Notice Notice of Motions within three of Motions within three of Motions within three weeks weeks weeks thereafter. thereafter. thereafter. 4.4.4. Appeal stands disposed of accordingly. Appeal stands disposed of accordingly. Appeal stands disposed of accordingly. 5.5.5. As the Appeal itself is disposed of, Civil As the Appeal itself is disposed of, Civil As the Appeal itself is disposed of, Civil Application Application Application No. 270 of 2008 does not survive and No. 270 of 2008 does not survive and No. 270 of 2008 does not survive and stands stands stands disposed of accordingly. disposed of accordingly. disposed of accordingly. ( J.H.Bhatia, J ) J.H.Bhatia, J ) J.H.Bhatia, J ) 4