- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL AGAINST ORDER NO.978 OF 2008 Smt.Jayaben Purshottam Jani. ...Appellant vs. Maharashtra Housing and Area Developement Authority. ...Respondent. --- Mr.Vinay A. Rathi, for Appellant. Mr.V.M.Parshurami, for Respondent. CORAM: S.J. VAZIFDAR, J. CORAM: S.J. VAZIFDAR, J. CORAM: S.J. VAZIFDAR, J. DATED: 3rd October,2008. DATED: 3rd October,2008. DATED: 3rd October,2008. P.C. P.C. P.C.: 1. There is no case for granting ad-interim reliefs. However, the learned Judge has rejected the notice of motion itself at the ad-interim stage without the consent of the plaintiff. That ought not to have been done. In the circumstances, the notice of motion shall be heard finally on merits. For instance, it is open to the plaintiff to seek possession, even temporarily, of that portion of the - 2 - ground floor of the premises which is habitable. This question also shall be considered by the Trial Court at the hearing of the notice of motion. AO is disposed of. ---