1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5349 of 2006 IN FIRST APPEAL NO. 1224 of 1998 Sugrabai Chhotu (since deceased) by LRs Mohd.Halim Chotu Shaikh & Ors. .. Applicants versus Municipal Corp. of Gr.Bombay .. Respondent ... Mr.R.K.Yadav for the applicants. Mr.J.J. Xavier for BMC. CORAM : D.G. KARNIK, J DATED : 5th December 2008 P.C.: 1. This application is made in an appeal against the order dated 4th September 1998 passed by the City Civil Court dismissing the suit of the appellant. The original appellant filed a suit against the respondent municipal corporation claiming 2 that she was a tenant in respect of suit premises bearing room no.6 in House no.6, Kamathipura. The suit was dismissed. Interim injunction granted by this court in the appeal stood vacated in December 2006. Thereafter, the respondent took the possession of the suit premises under section 105 of the Mumbai Municipal Corporation Act. The present applicants who are the legal representatives of the original appellant now claims restoration of possession, by removal of the lock which is put up by the respondent municipal corporation after taking the possession. The applicants were dispossessed on 12th December 2006 or thereabout. They are not in possession atleast for a period of two years. In the circumstances, it would not be appropriate to direct restoration of the possession especially when the original suit has been dismissed. 2. In the circumstances, civil application is dismissed. Hearing of the appeal be expedited. (D.G. KARNIK, J)