: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.718 OF 2009 ALONGWITH CIVIL APPLICATION NO.893 OF 2009 Municipal Corporation of Greater Mumbai .. Appellants V/s. Junid Abdul Majid Abubakar & Anr. .. Respondents Mr. N.V. Walawalkar, Sr. Advocate, with Mr. J.J. Xavier i/b. Mr. R.A. Malandkar for the Appellants. Mr. A.C. Singh i/b. Mr. D.R. Shah for Respondent No.1. CORAM : SMT. NISHITA MHATRE, J. DATED : 8 TH DECEMBER, 2009. P.C.: 1. The Appeal from Order has been filed against the order of 30th August, 2008 passed by the City Civil Court, Dindoshi, Mumbai, in Notice of Motion No.367 of 2007 in L.C. Suit No.456 of 2007, by which the Notice of Motion filed by the plaintiff, i.e. respondent No.1 in the present Appeal from Order, has been allowed. By the interim order, the defendants, i.e. the Municipal Corporation and the Housing Society in which the suit premises were situated, were restrained from interfering, : 2 : obstructing and/or demolishing the internal staircase leading from one floor to the other. It appears that after the said order, the Suit has progressed and, in fact, the plaintiff’s affidavit in evidence has already been filed. 2. In these circumstances, I see no reason to admit the Appeal from Order or to interfere with the order passed by the trial Court. 3. It is expected that the parties will co-operate with the Court and ensure a speedy disposal of the Suit. 4. The dismissal of the Appeal from Order is not on merits of the plaintiff’s claim and, therefore, all observations made by the trial Court and by this Court should not influence the trial Court while disposing of the Suit. 5. The Appeal from Order is rejected. : 3 : 6. In view of the above, Civil Application No.893 of 2009 pending in the Appeal from Order does not survive and the same is dismissed. .......