1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 376 OF 2009 ALONG WITH CIVIL APPLICATION NO. 558 OF 2009 Nabi Ahmed s/o Noor Mohammed (since deceased, through L.R.s) Smt.Ruksana Nabi Ahmed & ors. ... Appellants v/s Anis Ahmed s/o Mohd. Junai & ors. ... Respondents Mr.A.N.Maniyar for the appellants. Mr.R.M.Vanoo for the respondent No.1. Mrs.K.K.Soraan for the B.M.C. CORAM: SMT.NISHITA MHATRE, J. DATED: 15TH FEBRUARY, 2010 P.C.: 1. The appeal has been preferred against the order passed by the City Civil Court on 21.1.2009 by which the notice of motion was made absolute partly. The Corporation was restrained from handing over papers of the proposal and lay out and construction of the suit structure to anybody till the decision in the suit. However, the prayer for an injunction restraining defendant No.1 from continuing his business of 2 running a way-bridge was refused. 2. The suit has been filed in the year 2007. According to the appellants, defendant No.1 i.e. respondent No.1 herein, has installed a weigh bridge on his property. The vehicles coming to the weigh bridge allegedly obstruct the appellants’ access to their own shops. Therefore they contend that an injunction should be granted in their favour restraining defendant No.1 from continuing to run the weigh bridge. 3. There is no material on record today to indicate that the access of the appellants to their shops is obstructed in any way. Nor is there any material to indicate that they have no access to the 90 sq.ft. wide road which is at the north of the common passage between the shops. In these circumstances, I do not see any reason to interfere with the order passed by the Trial Court. 4. In my opinion, it would be appropriate to expedite the suit. Accordingly, the Trial Court is directed to dispose of the suit by 31st December, 2010. The Municipal Corporation has not filed its written statement. Although a statement was made on behalf of the Corporation earlier that it does not wish to file a written statement, the learned advocate for 3 the Corporation states that the written statement will be filed within four weeks from today. The statement is accepted. 5. Accordingly, the appeal from order is disposed of with the aforesaid directions along with the civil application. 6. It is made clear that all observations made by this Court or by the Trial Court while deciding the notice of motion are prima facie. ..... 4