: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.898 OF 2009 ALONGWITH CIVIL APPLICATION NO.1105 OF 2009 IN APPEAL FROM ORDER NO.898 OF 2009 The Municipal Corporation of Greater Bombay .. Appellant V/s. Abubakar Umer Memon, Decd., Thru’ Farida A. Memon & Anr. .. Respondents Mr. A.Y. Sakhare, Sr. Advocate, i/b. Mr. R.A. Malandkar for the Appellant-Applicant. Smt. Geeta Shastri i/b. M/s. Khilnani & Co. for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 11 TH NOVEMBER, 2009. P.C.: 1. The Appeal from Order has been preferred against the order dated 20th March, 2009 passed by the City Civil Court, Bombay, in the Notice of Motion filed in L.C. Suit No.2280 of 2008. By this order, the plaintiff has been granted interim relief in terms of prayer clause (a) of the Notice of Motion. Prayer clause (a) reads as under : : 2 : “(a). that pending the hearing and final disposal of the suit, the defendants, their servants and agents be restrained by an order and injunction of this Hon’ble Court from taking any action pursuant to Notice 351 of the Bombay Municipal Corporation Act under Ref. No. GN/BF/IV/351/ 2145-08-09 dated 23-8-2008 and order dated .... day of September, 2008 in respect of the suit mobile antennae consists of 2 poles with a height of 4 metre and 8.8 cm. Dia with supporting pipes on the terrace wall and external wall of Madina Mansion, 81-A, S.V.S. Road, Mahim, Mumbai-400 016 or any part thereof.” 2. The question involved in the present Suit is whether antennae of Cellular Mobile Service providers which are installed either on the terraces of the buildings or on the exterior walls of the buildings on poles are unauthorized constructions within the meaning of Section 351 of the Mumbai Municipal Corporation Act. Undisputedly, in the present case the antennae installed are on poles and the contention of the plaintiff is that these antennae cannot be considered to be unauthorized constructions and, therefore, need not be removed. : 3 : 3. In my opinion, it will be appropriate to have the Suit itself decided since this issue could arise in several matters, given the prolific rise in the mobile users in the city. 4. Hence, the Appeal from Order is disposed of. 5. The City Civil Court, Bombay, is directed to hear and dispose of the suit expeditiously. It is contended that the Municipal Corporation has not filed its written statement as yet. That be done within a period of four weeks from today. The City Civil Court, Bombay, is therefore directed to decide the Suit by 1st October, 2010. 6. In view of the above, Civil Application No.1105 of 2009 pending in the Appeal from Order does not survive and the same is dismissed. .......