IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 200 OF 2008 APPEAL FROM ORDER NO. 200 OF 2008 APPEAL FROM ORDER NO. 200 OF 2008 WITH CIVIL APPLICATION NO. 244 OF 2008 Mrs.Patricia Farrell Fernandez ... Appellant (Org. Plaintiff) Versus Commissioner of Mumbai, Municipal Corporation of Greater Mumbai..Respondents (Org. Defendants) Mr. A.S.Khandeparkar, Advocate, for Mrs. Vidya Bandekar, Advocate, for the appellant. Mr. Anil Singh, Advocate, for Intervenor. Mrs. Geeta Joglekar, Advocate, for B.M.C. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 5th March,2008. DATE: 5th March,2008. DATE: 5th March,2008. P.C. P.C. P.C. 1. The plaintiff has preferred this Appeal against refusal to grant ad-interim relief against the notice under Section 351 of the B.M.C.Act issued by the defendant-respondent/Municipal Corporation. Admittedly, the Notice of Motion is still pending and the Corporation has yet to file reply. 2. Learned Counsel for M/s. P.R.Developers who claim to be the owner of the property seeks to intervene and informd that the said M/s. P.R.Developers have taken out a Chamber Summons before the trial Court for being impleaded as the defendant in the matter. 3. In view of these circumstances, with consent of the Counsel for all the parties, the Appeal stands disposed of with the following directions :- (i) The parties shall appear before the trial Court on 15.3.2008. (ii) The plaintiff-appellant shall give no objection to the Chamber Summons and M/s. P.R.Developers may be allowed to be impleaded as defendant in the suit. (iii) Within two weeks after appearance before the trial Court, the defendants shall file reply to the Notice of Motion and within four weeks thereafter the trial Court shall hear and dispose of the Notice of Motion. (iv) The parties shall maintain status quo till the disposal of the Notice of Motion. 4. As the Appeal itself is disposed of, the C.A. does not survive and stands disposed of accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)