- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER No. 1232 OF 2008 WITH CIVIL APPLICATION No. 1503 OF 2008 Mrs. Marufa Shaikh ... Appellant Vs. Mumbai Mun. Corporation & Anr. ... Respondents Ms. Geeta Shastri i/b Mr. S. P. Srivastava, for appellant. Mr. K. S. Soraankar, for respondent No.1. Mrs. Geeta Mulekar, G. P. for respondent No.2. CORAM : R. V. MORE, J. DATE : JUNE 9, 2009. PC :- 1. Heard the learned counsel for the respective parties. The appellant, original plaintiff filed L.C. Suit No. 2115 of 2008 challenging the notice issued under section 351 of the BMC Act and the order dated 11th November 2008 passed by the Assistant Commissioner, K/West Ward. The appellant also filed Notice of Motion (Exhibit-6) for temporary injunction, restraining - 2 - respondent No.1 from demolishing the notice structure, pursuant to the notice issued under Section 351 of the BMC Act. The learned trial Judge, by an order, impugned in this appeal, refused ad- interim relief and made Notice of Motion returnable on 15th December, 2008. 2. The appellant, being aggrieved by the refusal of ad- interim relief, filed the present Appeal From Order. By the order dated 2nd December 2008, this Court directed the respondents to maintain status-quo in respect of the suit structure till further order. 3. The parties to the present appeal made common statement that the appellant’s Notice of Motion at Exhibit 6 is still pending before the trial Court. In this view of the matter coupled with the fact that suit structure is protected till today by this Court by an order dated 2nd December 2008, I deem it appropriate to dispose of present appeal by passing following order. ORDER I. The learned Ad-hoc District Judge-2 & Additional Sessions Judge, City Civil Court (Borivali Division), Dindoshi, Goregaon, Mumbai is directed to dispose of the Notice of Motion at Exhibit-6 as expeditiously as possible, in any case within a period of six weeks from today. II. Pending hearing and final disposal of the said Notice of Motion at Exhibit 6, the interim order dated 2nd December - 3 - 2008 shall remain in force. This appeal is accordingly disposed of. III. Needless to mention here that the learned Judge shall dispose of the said Notice of Motion at Exhibit-6, independently on its own merit, without being influenced by the present order. IV. In view of disposal of the present appeal, Civil Application No. 1503 of 2008 does not survive for consideration and the same is accordingly disposed of. Sd/- [ R. V. MORE, J.]