1 ao536-05 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa APPEAL FROM ORER NO.536 OF 2005 IN NOTICE OF MOTION NO.3456 OF 2004 Ahmed Jamal Mansoori .. Appellant V/s. Municipal Corporation of Gr. Mumbai. .. Respondent ..... Mr. A. M. Saraogi for the appellant. Mrs. K. K. Soraan for respondent – BMC. ..... CORAM : A. S. OKA, J. DATE : MARCH 25, 2011. P.C.:- Heard the learned counsel appearing for the appellant. The appellant is the original plaintiff. By the impugned order, the Notice of Motion for interim relief taken out by the plaintiff has been dismissed. The prayer in the Notice of Motion was for grant of injunction restraining the respondent corporation from preventing the appellant from carrying out the repairs in the suit premises. 2. There is no interim relief granted in this Appeal. Moreover, by the impugned order, the trial Court has observed that appellant has liberty 2 ao536-05 to file fresh proposal for carrying out repairs to the defendant. 3. Hence, at this stage, no interference is called for with the impugned order which is an order of discretionary nature. 4. Appeal is dismissed by keeping all the contentions of the parties open. 5. Hearing of the suit is expedited. 6. In terms of clause (8) of the impugned order, it will be open for the appellant to submit a fresh proposal for grant of permission to carry out repairs. If such fresh proposal is filed by the appellant, it will be decided on its own merits. JUDGE