: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1186 OF 2008 ALONGWITH CIVIL APPLICATION NO.1444 OF 2008 Pushpa P. Shah .. Appellant V/s. The Municipal Corporation of Greater Mumbai .. Respondents Mr. R.A. Thorat for the Appellant. Smt. K.K. Soraan for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 2 ND FEBRUARY, 2010. P.C.: 1. The Appeal from Order has been preferred against the order dated 22nd October, 2008 passed by the City Civil Court, Mumbai, below Exhibit-5 in L.C. Suit No.2400 of 2008, dismissing the Notice of Motion filed by the appellant. An ad-interim order was granted earlier by the trial Court on 3rd November, 2008, which has continued upto today in view of this Court’s order dated 19th November, 2008. : 2 : 2. It appears that the trial has commenced and the appellant-plaintiff is under cross-examination. In this view of the matter, in my opinion, it would be appropriate to continue the order granted by the trial Court earlier till the final disposal of the Suit. The Suit has been filed on the apprehension by the appellant that the suit structure will be demolished. The respondent-Municipal Corporation has contended that the suit structure is in the non-hawking zone. In view of this contention of the respondent-Municipal Corporation, it would be appropriate to direct the trial Court to dispose of the Suit within the stipulated period. 3. Accordingly, the Appeal from Order is disposed of. 4. The suit structure shall not be demolished during the pendency of the trial. 5. The Suit will be disposed of by 31st March, 2010. : 3 : 6. Parties are expected to co-operate with the trial Court for disposal of the Suit within the stipulated period. 7. In view of the above, Civil Application No.1444 of 2008 pending in the Appeal from Order does not survive and the same is dismissed as infructuous. .......