IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2326 OF 2008 IN FIRST APPEAL NO.932 OF 2008 ------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s Court’s or orders or directions & Registrar’s Judge’s orders. order. ------------------------------------------------------- Appellant appears in person Mr.J.J.Xavier for respondents CORAM: R.M.SAVANT, J. DATE : 15th September 2008. P.C. . The applicant appears in person as the learned Advocate representing him is said to be out of station. 2. By the present application the applicant prays that the respondents be restrained from acting upon the notice issued under section 351 of the B.M.C.Act so also the order dated 29th July 2002 passed by the Assistant Municipal Commissioner in respect of the suit premises, more particularly set out in the application. 3. The suit filed by the applicant/appellant was dismissed by the learned Judge of City Civil Court, Mumbai against which the above First Appeal was filed, which has been admitted by this Court on 5th May 2008 and ad-interim relief is granted in terms of prayer clause (a) of the civil application. Considering the fact that an ad-interim relief is already operating in favour of the applicant herein, the reasons for which have also been mentioned in the said order dated 5th May 2008, in my view, the ad-interim relief is required to be confirmed pending hearing and final disposal of the first appeal. 4. Civil application is, therefore, made absolute in terms of prayer clause (a) and disposed of as such. (R.M.Savant, J)