1 AO 418 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.418 OF 2011 New Devchhaya Premises Co.Op Soc .. Appellant -versus M/s Neumec Construction Pvt. Ltd .. Respondent. Mr. U.B. Nighot, for the appellant. Mr. Aspee Chinoy with Kishore Jain, i/b Tushar Goradia and Nisha Pal for the respondent No.1. CORAM: A. S. OKA, J. DATED: 20th April, 2011 P.C. 1. Heard learned counsel for the appellant and learned senior counsel for the respondent No1. The challenge in this Appeal from Order is to the ad interim order dated 22nd December, 2010, passed by the learned Judge of the City Civil Court. By the impugned order, prayer for ad interim injunction has been rejected by the trial Court. Notice of Motion is still pending. 2. From 22nd December, 2010, there is no ad interim order granted in favour of the appellant by this Court. In fact there was a delay in preferring this appeal, which has been condoned. Therefore, at this stage no interference is called for with the discretionary order passed way back on 22nd December, 2010 of declining to grant ad interim injunction. 2 AO 418 OF 2011 As the Notice of Motion is pending, the work of construction, if any, carried out will be subject to further orders which may be passed in the Notice of Motion. 3. Subject to what is observed above, Appeal from Order is dismissed. All contentions of the parties on merits of the suit are kept open. The Notice of Motion will be decided on its own merits. 4. The Trial Court shall make an endeavour to decide the Notice of Motion as expeditiously as possible and preferably on or before 21st June, 2011. 5. Civil Application No.590 of 2011 does not survive and the same is disposed of accordingly. (A. S. OKA, J.)