1 ao1081.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Appeal from Order No. 1081 of 2011 WITH Civil Application No. 1441 of 2011 IN AO No. 1081/2011 Manilal Hiralal & Co. Pvt. Ltd. ....Appellants v/s. The Municipal Corporation of Greater Mumbai & ors. ....Respondents Ms. Mamta Sadh i/b. Thakordas & Madgavkar for the appellants. Ms. K.K. Soran for BMC. CORAM: R.M. BORDE, J. 8th December, 2011 PC: Heard respective Counsels appearing for parties. The challenge raised in the Appeal from Order is in respect of refusal to grant ad-interim relief in the notice of motion filed in L.C. Suit No. 2072/2011. The appellant challenges a notice issued by the Municipal Corporation on 12th August, 2011 in respect of construction of WC with brick masonry wall in the balcony. The trial Court has found that the alleged construction raised is in the balcony and is not as per the sanctioned plan. Since the challenge is in respect of ad-interim relief, it would be desirable that trial Court is directed to decide pending Notice of Motion expeditiously. 2. It is also to be noted that during the pendency of this Appeal from Order, officers of the Corporation were directed to inspect the premises and submit report. It is reported that officers of the Corporation were not provided with 2 ao1081.11.sxw the access to the disputed structure, as such no report could be filed. The contentions raised by the respondent-Municipal Corporation in that regard has been seriously objected to by the appellant, however, at this stage of the proceedings, I do not intend to go into the aspects as regards the correctness or otherwise of the allegations made. It is desirable that trial Court shall decide the pending Notice of Motion expeditiously. 3. The Appeal from Order, therefore, is disposed of with a direction to trial Court to decide pending Notice of Motion as expeditiously as possible, preferably within 12 weeks from the date of receipt of writ. Appeal from Order stands disposed of. 4. In view of disposal of appeal from order, civil application does not survive and stands disposed of. (R.M.BORDE, J)