-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 887 OF 2009 The Municipal Corporation for city of Thane ... Petitioner versus Hussain Ahmed Sayyad ... Respondent Mr. A.R. Pitale for the petitioner. None for respondent. CORAM: P.B. MAJMUDAR & R.G. KETKAR, JJ. DATE: MARCH 22, 2010. P.C. This petition is filed by the Municipal Corporation for the City of Thane, through its Commissioner. So far as prayer clause (a) of para 16 is concerned, it is in connection with challenge to the order passed by the learned Civil Judge, Senior Division, Thane, below Exh.5 in Special Civil Suit No. 587 of 2008 by which the learned Judge has granted ex parte ad-interim relief in favour of the plaintiff. The learned counsel for the petitioner states that the suit has already become infructuous now and, therefore, there is no question of challenging the said order. Even otherwise, even if it has not been infructuous, appropriate remedy to the petitioner is to challenge the said order by way of appeal under Order 43 of the Civil Procedure Code. 2. So far as prayer clause (b) is concerned, it is prayed that all such -2- suits should be expeditiously heard. Learned counsel for the petitioner submitted that so many suits in connection with the unauthorised construction is pending, a list whereof is annexed at page 90 to the petition. It is true that while considering the interim injunction application, the Court is required to go through the law declared by this Court in this behalf and hearing of ad-interim injunction is not required to be delayed as it may hamper the work of the Corporation also. Considering the law declared by this Court in Writ Petition No. 2523 of 2007 and other cognate matters on 7th June, 2007, the petitioner is permitted to make an appropriate application before the concerned Court in a pending matter for expediting the hearing of the injunction application. If any application is preferred by the Corporation in the pending suit, the concerned Civil Judge, Senior Division before whom such suits are pending is directed to pass appropriate orders on such application and may try to dispose of the pending matter at the earliest without any further delay. If the suits are pending, they are also required to be disposed of expeditiously and in this behalf the Corporation may prefer appropriate application in the pending suit in accordance with law. 3. Subject to what is stated above, this writ petition is disposed of. P. B. MAJMUDAR, J. R.G. KETKAR, J.