1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 423 OF 2009 ALONG WITH CIVIL APPLICATION NO. 509 OF 2009 Mohan Ambadas Chauhan ... Appellant v/s The Municipal Corpn.Of Gr. Mumbai ... Respondent Mr.B.P.Shukla for the appellant. Smt.K.K.Soraan i/by Mr.R.A.Malandkar for the B.M.C. CORAM: SMT.NISHITA MHATRE, J. DATED: 15TH FEBRUARY, 2010 P.C.: 1. The appeal has been filed against the order passed by the Trial Court refusing interim relief to the appellant. The appellant has been issued a notice under Section 314 of the Mumbai Municipal Corporation Act directing him to remove his structure which is on the municipal road. Aggrieved by this notice, the appellant has filed the present suit in the year 2006. It appears that, till the notice of motion was heard ad-interim relief was granted to the appellant. The suit 2 structure is still in existence, according to the Corporation. In this view of the matter, it would be appropriate to expedite the suit. I am informed that the plaintiff has already filed his affidavit in evidence and the Corporation is to cross- examine the witness. 2. The appeal from order is, therefore, dismissed along with the civil application. 3. The Trial Court is directed to dispose of the suit by 30th April, 2010. Till then the status-quo as of today shall be maintained with respect to the suit structure. ..... 3