1 ao254-05 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa APPEAL FROM ORDER NO. 254 OF 2005 IN NOTICE OF MOTION NO.226 OF 2003 Lucky Kulkarni .. Appellant V/s. Municipal Corporation of Greater Bombay & Ors. .. Respondents .... Mrs. Lucky N. Kulkarni, appellant present in-person. Mrs. K. K. Soraan for respondent-BMC. .... CORAM : A. S. OKA, J. DATE : FEBRUARY 23, 2011. P.C. Heard the appellant appearing in-person and the learned counsel appearing for the respondent-BMC. The appellant appearing in-person states that the suit is at the stage of recording of evidence. 2. While admitting the Appeal, by a separate order dated 4th April, 2005, passed by this Court in Civil Application No.255 of 2005, this Court granted interim relief directing both the parties to maintain status-quo in respect of the disputed structure. Said order permitted the first respondent to initiate action under 2 ao254-05 Section 351 of the Mumbai Municipal Corporation Act, 1888. As the suit is now being finally heard, interests of justice will be served if the interim order passed by this Court dated 4th April, 2005, is allowed to continue till disposal of the suit. The said order is operating almost for six years. Hence, Appeal is disposed of by passing following order : :: O R D E R :: i. Interim relief granted on 4th April, 2005, in Civil Application No.255 of 2005, will continue to operate till the disposal of the suit. ii. Hearing of the suit is expedite. iii. The suit shall be decided on its own merits without being influenced by the prima facie findings recorded by the trial Court in the impugned order as well as by grant of limited interim relief by this Court. JUDGE