1 ao297-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa APPEAL FROM ORDER NO.297 OF 2011 ALONGWITH CIVIL APPLICATION NO. 431 OF 2011 AND CIVIL APPLICATION NO.139 OF 2011 Ampson Plastics Pvt. Ltd. .. Appellant V/s. Municipal Corporation of Greater Mumbai & Anr. .. Respondents ..... Mr. U. J. Makhija, i/b. Mr. Sachin Joshi for the appellant. Mrs. K. K. Soraan for respondent No.1 – BMC. ..... CORAM : A. S. OKA, J. DATE : APRIL 15, 2011. P.C.:- Heard the learned counsel appearing for the parties. The challenge in this appeal is to the order of the trial Court declining to grant ad-interim relief of temporary injunction. The averments made in the Civil Application No. 431 of 2011 show that a substantial part of the alleged offending structure has been demolished. The prayer in the said Civil Application is for permitting reconstruction. 2 ao297-11 2. The Notice of Motion taken out by the appellant is still pending. This Court has granted ad-interim relief of status-quo against both the parties. Therefore, by continuing the said relief, the Notice of Motion will have to be directed to be heard expeditiously. As far as prayer for reconstruction is concerned, the appellant will have to file appropriate proceedings before the trial Court which will be considered on its own merits after taking into consideration the objections of the defendants. 3. The learned counsel appearing for the appellant on instructions of the director of the appellant states that on the Chamber Summons taken out before the trial Court by the applicant in Civil Application No.139 of 2011, the appellant will record no objection for impleading the applicant in the said application as party defendant in the suit. Hence, I pass the following order : :: O R D E R :: i. Appeal From Order No.297 of 2011 is disposed of by directing that ad-interim relief granted on 3 ao297-11 14th March, 2011 will continue to operate till the disposal of the Notice of Motion. ii. The Notice of Motion is expedited and the trial Court shall make an endeavour to conclude the hearing on or before 21st June, 2011. iii. The Notice of Motion shall be decided on its own merits without being influenced by the impugned order as well as the order passed by this Court granting a limited ad-interim relief. iv. All contentions of the parties on the merits of the Notice of Motion are kept open. v. Civil Application No.431 of 2011 is disposed of with liberty to file appropriate proceeding before the trial Court. vi. Civil Application No.139 of 2011 is disposed of by 4 ao297-11 recording the statement of the appellant that the appellant will record no objection on the Chamber Summons taken out by the appellant. JUDGE