1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 433 OF 2009 WITH CIVIL APPLICATION NO. 521 OF 2009 Mr. Keshav S/o. Manjappa Poojari ...Appellant Versus Municipal Corporation of Greater Mumbai & Anr. ...Respondents Mr. A. M. Saraogi for Appellant. Mrs. K. K. Soraan for Respondent-B.M.C.. None appears for Respondent No.2. CORAM : R. V. MORE, J. DATE : 16th JUNE, 2009. P.C. : Heard, Mr. Saraogi and Mrs.Soraan, learned Counsel appearing for the Appellant and Respondent No.1 respectively. None appears for Respondent No.2. 2. By the impugned order, the notice of motion taken out by the Appellant/Original Plaintiff is partly allowed, whereby the Respondent No.1 is restrained from demolishing the original structure of 30.663 sq.mtrs.’ size out of the total structure admeasuring about 35 sq.ft. X 50 sq.ft.. Mr. Saraogi, learned Counsel appearing for the Appellant, submits that the property in respect of which protection is granted by the impugned order cannot be identified. He also submits that though the impugned order was passed on 3rd March, 2009, the Respondent No.1 has not demolished any part of the suit premises 2 admeasuring about 35 sq.ft. X 50 sq.ft.. He further makes a statement that suits of the year 2008 are being heard in Court Room No.9 of the City Civil Court. Mrs. Soraan, learned Counsel for Respondent No.1 does not dispute this portion. 3. In the above facts and circumstances and especially in view of the fact that the present suit is filed in the year 2007, I deem it appropriate to dispose of the present Appeal from Order by passing the following order : 1. The learned Judge of the City Civil Court, presiding over Court Room No.9, shall dispose of the L.C. Suit No.3687 of 2007 as expeditiously as possible and preferably within a period of six months from the date of receipt of this order. Parties to the suit shall co-operate with the learned Judge for early disposal of the said suit. 2. During the pendency and final disposal of the said suit, the Appellant and Respondent No.1 shall maintain status-quo in respect of the suit property more appropriately described in paragraph no.1 of the plaint. The Appeal from Order is disposed of, in above terms. 4. In view of the disposal of the Appeal from Order, the Civil Application No. 521 of 2009 will not survive and therefore, the same is disposed of. sd/- (R. V. MORE, J.)