IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE SIDE SIDE JURISDICTION JURISDICTION JURISDICTION APPEAL APPEAL APPEAL FROM FROM FROM ORDER NO.927 OF 2005 ORDER NO.927 OF 2005 ORDER NO.927 OF 2005 Utamchand Amichand Birawat .. Appellant vs The Munic.Corpn.of Gr.Mumbai .. Respondents Mr. J.V.Parmar for Appellant Ms.Geeta Joglekar for Respondents .. CORAM CORAM CORAM : : : B.H.MARLAPALLE, J B.H.MARLAPALLE, J B.H.MARLAPALLE, J DATE: DATE: DATE: 27th September, 2005 27th September, 2005 27th September, 2005 P.C. P.C. P.C. 1. Heard. Admit. 2. Admittedly, the Notice of Motion is made returnable on 30th September, 2005 before the trial Court. This appeal has been filed being aggrieved that the trial Court did not grant ad interim order protecting the alleged collapsible gate which is the subject matter of the notice issued under section 351 of the Mumbai Municipal Corporation Act, 1888. 3. Ms Joglekar, learned counsel appearing for the municipal corporation states that officers of the corporation shall not act on the notice till 30th September, 2005. Hence, appeal is disposed of. 2 (B.H.Marlapalle, (B.H.Marlapalle, (B.H.Marlapalle, J) J) J)