: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1187 OF 2008 Gopal Bharatkumar Mehta ... Appellant V/s. Municipal Corporation of Greater Mumbai ... Respondent Ms.Radhika Samant for Appellant Mr.D.M. Shah for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: NOVEMBER 5, 2009 P.C.: 1. The Appeal from Order has been filed against the refusal of ad-interim relief in the Notice of Motion filed in the L.C. Suit No.2762 of 2008. By order dated 14.11.2008, the Court has observed that prima facie, the Corporation has followed due process of law and there are no documents to indicate that the suit structure was in existence prior to the datum line. 2. In my opinion, the impugned order cannot be faulted. The learned advocate for the Corporation states that no reply has been filed by the Corporation to the Motion despite the fact that it has been pending from 6.12.2008. Mrs.Soraan appearing for the Corporation states that the written statement has already been filed and that will be treated as a reply to the Motion also. 3. In view of this, the Appeal from Order is dismissed. The learned Judge shall decide the Motion within three months. 4. The learned advocate seeks a stay of demolition of the suit stall for two weeks. The application is granted. The suit stall shall not be demolished for a period of two weeks from today.