1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.49 OF 2009 WITH CIVIL APPLICATION NO.63 OF 2009 Umesh Bachubhai Dedhia (Shah) & ors .. Appellants V/s The Assistant Municipal Commissioner, .. Respondents Municipal Corporation of Greater Mumbai & anr. Mr.Yadunath Chaudhari i/b.Mr.Chandrashekhar Khambekar, Advocate, for the appellants Smt.K.K.Soraan, Advocate, for the respondent Nos.1 & 2 – MCGM Mr.R.U.Singh, Advocate, for the Intervenor-applicants CORAM : R.M.SAVANT, J. DATE : 13TH MARCH, 2009 P.C. . This appeal challenges the order dated 7th January, 2009, by which ad-interim reliefs have been refused to the appellants/plaintiffs. It is an admitted position that the Notice of Motion is as yet pending. The relief sought in the Notice of Motion 2 was temporary injunction against the MCGM from shifting certain stallholders in front of the shops of the appellants/plaintiffs. 2. The said shifting according to the Municipal Corporation, is with a view to remove obstruction to the traffic. Initially the shops of the appellants/plaintiffs were shifted back for road widening and after completion of the work of road widening, the work of drainage has also been completed. The apprehension of the appellants/plaintiffs is that the stalls/shops in question are sought to be shifted on the drainage line or foot path. 3. In my view, instead of interdicting at this stage, it would be just & proper to direct that the Notice of Motion be disposed of within a particular time frame. Hence, the following order. (i) Hearing of Notice of Motion Exh.6 is expedited and is directed to be disposed of within a period of ten weeks from date. (ii) The intervenors herein would be entitled to file an application for intervention in the said Suit and Notice of Motion. If the said intervention application is allowed, the intervenors would be entitled to file their Affidavit-in-reply within the time stipulated by the learned Judge of the City Civil Court. 3 (iii) MCGM to file their Affidavit-in-reply within a period of four weeks from date. (iv) With the aforesaid observations, the Appeal from Order is disposed of. (v) In view of the disposal of the Appeal from Order, Civil Application does not survive and the same is accordingly disposed of. (R.M.SAVANT, J.)