1 AO-1238-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi APPEAL FROM ORDER NO. 1238 OF 2010 WITH CIVIL APPLICATION NO. 1528 OF 2010 Mrs. Shaikh Jinjnisa @ Azizulnisa ... Appellant Vs. Bihanmumbai Mahanagarpalika, Assistant Commissioner. ... Respondent Mr. ShrisailSakhare,Advocate, for the Applicant. Mr J.Xavier,Advocate for the respondent. CORAM: J.H.BHATIA,J. DATE : 19th October, 2010. P.C. 1. Papers of the Appeal are served on the respondent just now in the Court. The learned Counsel for the respondent wants time. However, in my opinion, the matter needs no adjournment in view of the facts of the case. The appellant had filed S.C. Suit No.2160 of 2010 challenging the notice dated 13.10.2010 whereby the applicant is directed to remove her hut situated at Kanyapada near Maharaja Towers, Gen. A.K.Vaidya Marg, Goregaon (East). The applicant had also taken out Notice of Motion seeking interim relief against the said notice. The learned trial Court refused ad-interim relief pending the decision of the Notice of Motion. That is how the appellant has preferred the present appeal. The applicant has produced documents showing her possession over the 2 AO-1238-10.sxw hut at Kanyapada. The earliest document appears to be Identity Card issued by the Election Commission in 1994. In view of this, in my considered opinion, the following order will meet the ends of justice :- The respondent shall file reply to the Notice of Motion within four weeks from this day and the trial Court shall hear and dispose of the Notice of Motion on its own merits within six weeks thereafter. Pending the decision of the Notice of Motion, the Municipal Corporation shall not act upon the notice under challenge. The Appeal and the Application stand disposed of accordingly. (J.H.BHATIA,J.)