1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.700 OF 2011 WITH CIVIL APPLICATION NO.942 OF 2011 Mr. Shrikrushna N. Mogavir ...Appellant. v. M.M.R.D.A. & Ors. ...Respondents. Mr. Moin Khan ,adv. For the Appellant. Ms Pushkarini Kulkarni i/by Shri K.S.Patil, advs. For the Respondents. CORAM : J.H. BHATIA, J. DATED : JULY 15, 2011. P.C. 1 Heard the learned counsel for the parties. 2 The plaintiff/appellant has filed this appeal against refusal of ad-interim relief pending the notice of motion in L.C.Suit No.1438 of 2011. 3 It appears that the commercial premises of the plaintiff were taken by the respondent for road widening and alternate accommodation was given to him by the order dated 6.5.2009 in rehabilitation building B-2-C, Shop No.11 at Bhandup on certain terms and conditions. As per that order, plaintiff handed over possession of his own premises and took possession of the alternate accommodation given to him. It appears that on 6.1.2011 respondent cancelled that allotment and directed the 2 appellant to shift to another tenements in Kukreja Phase No.2, Vashi Naka, Chembur and by the impugned notice dated 28.6.2011, respondent asked the plaintiff to vacate the premises within 48 hours or he will be forcibly removed. On perusal of the order dated 6.1.2011, it does not give any details as to why it becomes necessary to cancel his earlier allotment where he has already settled his business. It appears that the respondent has not filed any reply before the trial Court. 4 In view of the above, in my opinion, appeal and the application may be disposed off with the following directions: Respondent shall file reply to the notice of motion before the trial Court within four weeks and the trial Court shall hear and dispose off the notice of motion within eight weeks thereafter. Till the decision of the notice of motion status-quo shall be maintained. 5 Appeal and the application stand disposed off accordingly. (J.H. BHATIA,J.)