: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.35 OF 2010 ALONGWITH CIVIL APPLICATION NO.45 OF 2010 Ismail Moosabhai Bhilakhia & Ors. .. Appellants V/s. The Municipal Corporation of Greater Bombay & Anr. .. Respondents Mr. A.C. Singh i/b. Mr. D.R. Shah for the Appellants. Smt. K.K. Soraan for Respondent No.1. CORAM : SMT. NISHITA MHATRE, J. DATED : 13 TH JANUARY, 2010. P.C.: 1. The Appeal from Order has been preferred against the order passed by the City Civil Court, Bombay on 7th January, 2010, in Notice of Motion No.63 of 2010 in L.C. Suit No.19 of 2010, by which the City Civil Court has rejected ad-interim relief. It appears that no reply has been filed to the Notice of Motion. 2. On perusal of the impugned notice issued by respondent No.1 under Section 354-A of the Mumbai : 2 : Municipal Corporation Act, prima facie, it appears that the notice does not reflect the exact nature of the unauthorized construction and, therefore, it would be difficult to expect a noticee to reply effectively to such a notice. 3. The respondent No.1-Municipal Corporation is yet to file a reply to the Notice of Motion and its written statement. In these circumstances, in my opinion, therefore, the Appeal from Order can be disposed of by directing the respondent No.1- Municipal Corporation to file its reply / written statement with a further direction to maintain status-quo as of today with respect to the suit structure till the disposal of the Notice of Motion. 4. Accordingly, the respondent No.1-Municipal Corporation shall file its reply / written statement to the Notice of Motion within a period of four weeks from today. The trial Court shall dispose of the Notice of Motion within a period of eight weeks thereafter. : 3 : 5. Till then, the status-quo as of today be maintained by the parties with respect to the suit structure. 6. The Appeal from Order is disposed of. 7. In view of the above, Civil Application No.45 of 2010 pending in the Appeal from Order does not survive and the same is dismissed. .......