1 ao372 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO.372 OF 2010 Hamida A.S.Chandiwalla ...Appellant vs. Municipal Corporation of Greater Mumbai ...Respondent Mr.Prashant Surve for the appellant Ms K.K.Soraan for the respondent CORAM : A.S.OKA,J. DATE : APRIL 26,2011 P.C.: 1 Heard the learned counsel for the appellant and the learned counsel for the respondent. While rejecting the prayer for ad-interim relief by passing the impugned order, the learned trial Judge has observed that the application for regularization of the offending structure made by the appellant is pending. The learned counsel for the appellant has tendered additional affidavit dated 21st April 2011 of the appellant. It is pointed out therein that by a communication dated 25th March 2011, the application for regularization has been rejected. The learned counsel for the appellant states that the application for amendment of the plaint has been moved for challenging the said order. The statements made in the affidavit are accepted. 2 The application for amendment has been filed. If the amendment is allowed, the appellant will be entitled to file a fresh notice of motion as or amend the pending notice of motion. Hence, the Appeal against ad-interim order need not be kept pending. 2 ao372 3 The appeal is disposed of by directing that ad- interim relief granted on 22 nd March 2011 will continue to operate till 13th June 2011. 4 It is made clear that the pending notice of motion and/or fresh notice of motion which may be taken out by the appellant will be decided on its own merits without being influenced by a limited protection granted by this Court. There will be no order as to costs. 5 Civil application no.519 of 2011 does not survive and the same is disposed of. JUDGE