1 ao1013.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Appeal from Order No. 1013 of 2011 IN Notice of Motion No. Draft of 2011 IN L.C. Suit No. 1598 of 2011 WITH Civil Application No. 1356 of 2011 IN Appeal from Order No. 1013 of 2011 Mr. Shridhar Namdev More ...Appellant v/s. Municipal Corporation of Gr. Bombay ...Respondent Mr. Manojkumar Upadhyay for the appellant. Mrs. K.K. Soran for BMC. CORAM: R.M. BORDE, J. 19th September, 2011 PC: The Appellant raises exception to the order passed by the City Civil and Sessions Court, Borivali, Dindoshi dated 11th August, 2011 in Draft Notice of Motion in L.C. Suit No. 1598/2011. The trial Court has issued an order of ad- interim injunction in respect of structure admeasuring 18 feet X 10 feet having height of 10 feet situated at Saiwadi, Teligali, Andheri (E). According to the Counsel appearing for the appellant the height of structure is 14 feet and not 10 feet and he has been permitted to raise the structure having height of 14 feet by the Competent Authority. The Appeal from Order can be disposed of by directing the trial Court to decide the Notice of Motion expeditiously. The impugned order passed by the trial Court is an ad-interim order and the learned Judge is expected to hear the parties and decide the matter after considering 2 ao1013.11.sxw rival contentions. 2. In this view of the matter, it is directed to the Judge, City Civil and Sessions Court, Borivali, Dindoshi to decide the Draft Notice of Motion in L.C. Suit No. 1598/2011 as expeditiously as possible and preferably within eight weeks from today. 3. The parties to the litigation shall maintain status-quo, in the meanwhile. 4. In view of the directions issued above, the Appeal from Order stands disposed of. It will be open for the respondent-Municipal Corporation to present affidavit-in-reply as well as the documents, alongwith written- statement, say etc. on which the Corporation wants to rely in the pending proceedings. 5. In view of disposal of Appeal from Order, pending Civil Application do not survive and stand disposed of. (R.M.BORDE, J)