1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 796 OF 2009 IN NOTICE OF MOTION NO. 3915 OF 2007 IN L.C. SUIT NO. 3845 OF 2007 ALONGWITH CIVIL APPLICATION NO. 995 OF 2009 Jitendra P. Sheth & Ors. .. Appellants (Plaintiffs) V/s. B.M.C. & Ors. .. Respondents (Defendants) Mr. M. P. Vashi for the Appellants. Mrs. K. K. Soraan for Respondent No.1-BMC. Mr. G. N. Salunke i/b. Mr. M. D. Pokale for Respondent No.3. CORAM: R.C. CHAVAN, J. DATED : JUNE 21, 2010 P.C: After the matter was heard for considerable time, the learned counsel for the Appellants proposes that the Appellants will co-operate with the learned Trial Judge and to appear before the learned Trial Judge. The learned Trial Judge shall endavour to dispose of the suit latest by 31st August, 2010. 2. The learned counsel for the Respondent No.1 Municipal Corporation on instructions from Mr. Shinde, Sub- 2 Engineer, states that the corporation would have no objection to such a course. 3. The parties shall appear before the Trial Court on 28th June, 2010 at 2.30 p.m. in Court Room No. 8 at City Civil Court, Fort, Mumbai. The learned Judge shall take this matter even if it is not fixed on board. 4. The Plaintiffs shall tender affidavit of evidence within a period of one week thereafter. 5. The learned Judge shall not give any adjournment to any party on any ground, except on the ground of illness or death. 6. The learned Judge shall endavour to dispose of the suit latest by 31st August, 2010. Till then the interim order granted earlier shall continue. 7. Appeal is, accordingly, disposed of. 3 8. In view of the dismissal of the Appeal, Civil Application No. 995 of 2009 does not survive and disposed of accordingly. (R.C. CHAVAN, J.)