1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION APPEAL APPEAL APPEAL FROM ORDER NO.224 OF 2008 FROM ORDER NO.224 OF 2008 FROM ORDER NO.224 OF 2008 inin in NOTICE NOTICE NOTICE OF MOTION NO.445 OF 2008 OF MOTION NO.445 OF 2008 OF MOTION NO.445 OF 2008 inin in L.C.SUIT L.C.SUIT L.C.SUIT NO.188 of 2008 NO.188 of 2008 NO.188 of 2008 Mrs Mrs Mrs Kishori wd/o K.L.Thankappan .. Appellant Kishori wd/o K.L.Thankappan .. Appellant Kishori wd/o K.L.Thankappan .. Appellant Pillai Pillai Pillai (Orig.Deft (Orig.Deft (Orig.Deft no.3) no.3) no.3) vs 1.1.1. Shri Abdul Aziz & Ors .. Respondents Shri Abdul Aziz & Ors .. Respondents Shri Abdul Aziz & Ors .. Respondents Mr.D.H.Mehta, Mr.D.H.Mehta, Mr.D.H.Mehta, Sr.Counsel a/w Mr.R.P.Ojha Sr.Counsel a/w Mr.R.P.Ojha Sr.Counsel a/w Mr.R.P.Ojha for for for Appellant Appellant Appellant Mr.R.K.Malandkar Mr.R.K.Malandkar Mr.R.K.Malandkar for Respondent Corporation for Respondent Corporation for Respondent Corporation CORAM: CORAM: CORAM: J.H.Bhatia, J J.H.Bhatia, J J.H.Bhatia, J DATED: DATED: DATED: 13th March, 2008 13th March, 2008 13th March, 2008 P.C. P.C. P.C. 1.1.1. Heard learned counsel for the appellant who is Heard learned counsel for the appellant who is Heard learned counsel for the appellant who is Original Original Original Defendant no.3 and counsel for the Defendant no.3 and counsel for the Defendant no.3 and counsel for the Municipal Municipal Municipal Corporation, which was original defendant Corporation, which was original defendant Corporation, which was original defendant no.1. no.1. no.1. 2 2.2.2. The respondent nos. 1 to 7 filed Suit No. 188 The respondent nos. 1 to 7 filed Suit No. 188 The respondent nos. 1 to 7 filed Suit No. 188 of of of 2008 challenging the notice under section 351 2008 challenging the notice under section 351 2008 challenging the notice under section 351 issued issued issued by by by the Municipal Corporation. The plaintiffs the Municipal Corporation. The plaintiffs the Municipal Corporation. The plaintiffs had had had also taken out Notice of Motion for temporary also taken out Notice of Motion for temporary also taken out Notice of Motion for temporary injunction. injunction. injunction. On 29th January, 2008 the trial Court On 29th January, 2008 the trial Court On 29th January, 2008 the trial Court passed passed passed an ad interim order to maintain status quo an ad interim order to maintain status quo an ad interim order to maintain status quo until until until further orders and fixed the Notice of Motion further orders and fixed the Notice of Motion further orders and fixed the Notice of Motion on on on 3rd 3rd 3rd April, 2008 for reply. The present appellant April, 2008 for reply. The present appellant April, 2008 for reply. The present appellant claims claims claims to be the owner of the property. The to be the owner of the property. The to be the owner of the property. The appellant appellant appellant also took out Notice of Motion to vacate also took out Notice of Motion to vacate also took out Notice of Motion to vacate the the the status status status quo order. On that Notice of Motion, the quo order. On that Notice of Motion, the quo order. On that Notice of Motion, the learned learned learned trial Court Judge passed an order dated 1st trial Court Judge passed an order dated 1st trial Court Judge passed an order dated 1st March, March, March, 2008 and issued notice returnable on 15th 2008 and issued notice returnable on 15th 2008 and issued notice returnable on 15th March, March, March, 2008. 2008. 2008. 3.3.3. Taking into consideration the circumstances, in Taking into consideration the circumstances, in Taking into consideration the circumstances, in my my my considered considered considered opinion, it will be in the interest of opinion, it will be in the interest of opinion, it will be in the interest of justice justice justice to dispose of the appeal with the following to dispose of the appeal with the following to dispose of the appeal with the following directions directions directions : : : O R D E R R D E R R D E R (i) (i) (i) The parties shall appear before the The parties shall appear before the The parties shall appear before the Trial Trial Trial Court on 15th March, 2008 and shall Court on 15th March, 2008 and shall Court on 15th March, 2008 and shall file file file reply to both the Notices of Motions reply to both the Notices of Motions reply to both the Notices of Motions within within within one week thereafter and the trial one week thereafter and the trial one week thereafter and the trial 3 Court Court Court shall hear and dispose of both the shall hear and dispose of both the shall hear and dispose of both the Notice Notice Notice of Motions within three weeks of Motions within three weeks of Motions within three weeks thereafter. thereafter. thereafter. 4.4.4. Appeal stands disposed of accordingly. Appeal stands disposed of accordingly. Appeal stands disposed of accordingly. 5.5.5. As the Appeal itself is disposed of, Civil As the Appeal itself is disposed of, Civil As the Appeal itself is disposed of, Civil Application Application Application No. 269 of 2008 does not survive and No. 269 of 2008 does not survive and No. 269 of 2008 does not survive and stands stands stands disposed of disposed of disposed of accordingly. accordingly. accordingly. ( J.H.Bhatia, J ) J.H.Bhatia, J ) J.H.Bhatia, J )