: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.255 OF 2009 ALONGWITH CIVIL APPLICATION NO.1357 OF 2009 Mira Road Welfare Association .. Appellants V/s. Mira Bhayandar Municipal Corporation .. Respondents Mrs. Neeta Karnik for the Appellants. Mr. M.V. Limaye for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 8 TH DECEMBER, 2009. P.C.: 1. The Appeal from Order arises from the order dated 25th November, 2008 passed by 2nd Joint Civil Judge, Senior Division, Thane under Exhibit-5 application filed by the appellants in Special Civil Suit No.451 of 2007, by which the interim application filed by the appellants has been rejected. The appellants are running a market in a plot which was earlier reserved for a bus stand. It appears that the respondent-Municipal Corporation sought to evict them in view of the reservation for that plot. In these circumstances, the trial Court refused to grant any interim relief to the appellants. : 2 : 2. After the Appeal was filed, the respondent- Municipal Corporation has now issued a notice under Section 37(1) of the Maharashtra Regional Town Planning Act, 1966 intending to change the reservation for the plot from a bus stand to a vegetable market. Objections were invited within a month from the date of issuance of the notice on 26th October, 2009. Since that period is complete, the matter will now be referred to the State Government for its sanction for changing the reservation. 3. In view of this notification having been issued on 26th October, 2009, in my view, the status-quo as of today will have to be maintained. 4. In case the State Government does not permit the reservation, as mentioned in the notice dated 26th October, 2009, the appellants may move the Court. 5. The Appeal from Order is disposed of. : 3 : 6. In view of the above, Civil Application No.1357 of 2009 pending in the Appeal from Order does not survive and the same is dismissed. .......