1 fa1502 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.1502 OF 2011 Subhash Murari Dholakia ...Appellant vs. Municipal Corporation of Greater Mumbai ...Respondent Ms Nita Mandhyan i/b S.M.Associates for the appellant Mr.Vinod Mahadik for the respondent CORAM : A.S.OKA,J. DATE : JULY 25, 2011 P.C.: 1 Admit. The Advocate for respondent waives service. 2 The present appellant has filed a suit for declaration that the notices dated 15th April 2011 and 2nd May 2011 issued by the respondent-Corporation are illegal, bad in law and unexecutable. A prayer for perpetual injunction was also made restraining the respondent from demolishing or pulling down or removing the suit hoarding. 3 A notice of motion for temporary injunction was taken out by the appellant. The Trial Court while considering the prayer for ad-interim relief in the notice of motion, by the impugned order dated 8th June 2011 disposed of the suit itself. The order of 2 fa1502 the Trial Court reads thus: 1 Plaintiff is directed to obtain the NOC for MHADA and to comply the condition no.4 contemplated in the permission dtd. 23/4/2010 within 15 days from date of this order. 2 The hoarding erected by the plaintiff may not be demolished or removed for the period of 15 days from the date of this order. 3 It is made clear that if the plaintiff fails to obtain and submit the NOC from MHADA within the period of 15 day, the defendant will be at liberty to take appropriate acation in respect of hoarding in question. 4 In view of the above, draft N/M and suit stands disposed of. 5 The draft N/M be registered for at statistical purpose. 4 The suit has been finally decided at the stage of hearing the prayer for ad-interim relief in the Notice of Motion. The learned Judge has adopted a procedure which is unknown to law. In the suit there was no written statement filed and therefore, issues were not settled. The suit had not reached the stage of filing written statement. The suit could not have been decided in such a summary manner. The learned Trial Judge has committed a gross error by disposing the suit by a method which is not known to law. 3 fa1502 5 Hence, I pass the following order : i)Impugned Judgment and Order dated 8th June 2011 is quashed and set aside and the L.C.Suit no.1153 of 2011 and the Notice of Motion taken out therein is restored to the file of the Trial Court. ii) The Trial Court shall consider and decide the prayer for ad-interim relief in accordance with law. iii) For a period of six weeks from today, ad-interim relief granted on 23rd June 2011 by this Court will continue to operate. iv)Prayer for ad-interim relief in the notice of motion shall be decided without being influenced by the limited ad-interim relief granted by this Court. v)All contentions of the parties on merits of the suit and notice of motion are kept open. vi)Appeal is partly allowed on above terms with no order as to cost. vii)Civil application no.2414 of 2011 does not survive and the same is disposed of. JUDGE