1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 650 OF 2009 WITH CIVIL APPLICATION NO. 815 OF 2009 Smt. Bhimabai Laxman Deshmukh & Ors. ....Appellants Versus Municipal Corporation of Greater Mumbai ....Respondent Mr. P. M. Havnur for the Appellants. Mrs. K. K. Soraan for BMC. CORAM : R. V. MORE, J. DATED : 3RD JULY, 2009. P.C. Heard Mr. Havnur, learned Counsel appearing for the Appellants. 2. The Appellant filed suit to challenge the notice under section 351 of the BMC Act. It is the grievance of the Appellants that during the pendency of the suit, the suit structure was demolished. Thereafter, the Appellants filed an application for amendment in the plaint seeking mandatory injunction against the Corporation for reconstruction. The amendment was allowed. By the present notice of motion, the Appellants’ seeks temporary injunction directing the Corporation to allow them to put up temporary structures. In the facts and circumstances mentioned above, mandatory temporary injunction cannot be granted at an interim stage. Similar view is also taken by the learned Trial Judge. I do not find any error in the finding of the Trial Court. The Appeal from Order is therefore, dismissed. 2 3. However, in my view, the interest of justice will be subserved, if the Trial Court is directed to dispose of the L.C. Suit No.2400 of 2008, as expeditiously as possible and preferably within a period of one year from the date of receipt of this order. 4. In view of the disposal of the Appeal from Order, the Civil Application No.815 of 2009 will not survive and therefore, the same is disposed of. sd/- (R. V. MORE, J.)