1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.224 OF 2010 Bhikaji B. Chorge .. Appellant Versus Municipal Corporation of Gr.Mumbai .. Respondent Mr.Rakesh Dave for appellant Mr.Vinod Mahadik for respondent BMC. CORAM : S.C.DHARMADHIKARI, J. DATE : 23rd March 2010. P.C.: 1] Heard Mr.Dave for original plaintiff appellant and the learned Counsel appearing for original defendant - respondent herein. 2] Since the appeal is directed against refusal of an ad-interim order and the main notice of motion/ application for interim relief preferred by the appellant plaintiff is pending in the trial court, the appeal is taken up for hearing forthwith and disposed of by this order. 3] Mr.Dave has invited my attention to the allegations in the plaint, its 2 annexures and the notices issued by the Corporation in the year 1986 and the impugned notice challenging which the said suit has been filed. 4] According to him the existence of the structure is not disputed and the Corporation's action is based upon an extension thereof. 5] In my view, without going into the rival contentions and since the appeal is directed against refusal of the ad-interim order and this Court having protected the structure at site, interest of justice would be served if this appeal is disposed of with a direction to the trial court to expedite the hearing of the pending notice of motion and endeavour and dispose it off within eight weeks from the date of receipt of copy of this order. Till the motion is disposed of the ad-interim order granted by this Court on 17th March 2010 shall continue to operate. However, the appellant plaintiff should maintain status quo as of today with regard to the structure and and if ultimately it is found that in contravention of this order, there is any further extension, the trial court shall pass appropriate order at the hearing of the notice of motion. 6] It is clarified that this Court has protected the appellant plaintiff 3 and the structure at site principally because it would not be proper to express any opinion on the merits of the controversy at this ad-interim stage. The order passed today shall not be construed as expression of any opinion on the merits and pleas of both sides in that behalf are kept open. 7] The parties to cooperate in early disposal of the pending motion by not seeking unnecessary adjournments. Appeal is disposed of with these directions. There shall be no order as to costs. Civil application, if any, does not survive in the light of disposal of this appeal and the same is disposed of accordingly. (S.C.DHARMADHIKARI, J)