SM 1 903.ao.413.11.ca.585.11.gr. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 413 OF 2011 WITH CIVIL APPLICATION NO. 585 OF 2011 IN APPEAL FROM ORDER NO. 413 OF 2011 WITH APPEAL FROM ORDER NO. 563 OF 2011 WITH CIVIL APPLICATION NO. 787 OF 2011 IN APPEAL FROM ORDER NO. 563 OF 2011 Mr. Candrika Prasad Prajapati ....Appellant Versus The Municipal Corporation of Greater Mumbai ....Respondent ____________ Shri. Rajesh Singh for the Appellant. Smt. K. K. Soraan for the Respondent-MCGM. CORAM: J. H. BHATIA, J. DATED : 6 TH JULY, 2011. P.C.: These two Appeals with Applications were filed against the refusal of interim relief in two Notices of Motion taken out in L. C. Suit No. 1723 of 2009. The learned Counsel for the Plaintiff/ Appellant points out that the disputed structure of the Plaintiff is SM 2 903.ao.413.11.ca.585.11.gr. on the first floor, above the ground floor structure about which there is no dispute. He points out that the structure of the Plaintiff including the offending structure, is a part of Ramniwas Pal Chawl and he has pointed out from the photographs that the ground floor as well as the first floor of the complete chawl is similarly constructed. The alleged offending structure of the Plaintiff is also identical with the other structures of the first floor. On the last date, the learned counsel for the Municipal Corporation had taken time to take instructions whether the Municipal Corporation has initiated any action in respect of the first floor structure of the remaining building. However, the learned Counsel, today makes a statement that she has no positive information about the same. In view of this, in the interest of justice, it will be necessary to give some protection to the Plaintiff till the disposal of the Suit, wherein the Trial Court may decide as to whether the suit structure is legally protected or not. The learned Counsel for the Plaintiff informs that the Municipal Corporation has already filed written statement and issues are also framed. 2. In view of the above, these Appeals and Applications may be disposed of with following directions: (i) The Trial Court shall expedite the hearing and dispose of the L.C. Suit No. 1723 of 2009 as early as possible SM 3 903.ao.413.11.ca.585.11.gr. and preferably within six months. (ii) Status-quo to be maintained by the parties till then. The Appeals and Applications stand disposed of accordingly. (J. H. BHATIA, J.)