1 ao1430 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO.1430 OF 2010 Hemkund 2 Co.Op.Housing Society ...Appellant vs. Mumbai Municipal Corporation & Ors. ...Respondents Mr.P.M.Shah for the appellant Mr.Anuj Narula i/b M/s.Jhangiani Narula & Associates for the respondent no.3 Ms K.K.Soraan for respondent nos.1 and 2 CORAM : A.S.OKA,J. DATE : FEBRUARY 8,2011 P.C.: 1 Heard learned counsel for the appellant (original plaintiff). By the impugned order the learned trial Judge has declined to grant ad-interim relief of mandatory injunction. The learned counsel for the appellant criticized the finding recorded by the trial Court. He submitted that the observation that no complaints have been received from the appellant is erroneous. 2 The appellant sought drastic order of mandatory injunction by way of ad-interim relief. This was a case where relief of mandatory nature could not have been granted without hearing the affected parties. Therefore, it is not possible to find fault with the discretionary order passed by the trial Court. It is obvious that all contentions of the parties in the pending notice of motion will remain open and the Court is bound to decide the same on its own merits without being influenced by the ad-interim order and confirmation thereof by this Court. 2 ao1430 3 Subject to what is observed above, no case for interference is made out. Appeal is accordingly dismissed. Hearing of the notice of motion is expedited. 4 Civil application no.1769 of 2010 does not survive and the same is disposed of. JUDGE