1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 26 OF 2010 FROM NOTICE OF MOTION NO. 1496 OF 2008 ALONGWITH CIVIL APPLICATION NO. 36 OF 2010 ALONGWITH APPEAL FROM ORDER (ST.)NO.877 OF 2010 ALONGWITH CIVIL APPLICATION NO. 519 OF 2010 Abbas K. Kagalwala .. Appellant/ Orig. Plaintiff V/s. Mumbai Municipal Corporation & Anr. .. Respondents/ Org.Defendants Mr. V. S. Talkute for the Appellant. Mrs. K. K. Soraan for Respondent No.1-BMC. CORAM: R.C. CHAVAN, J. DATED : JUNE 21, 2010 P.C: These Appeals arise out of the order passed by the learned 2nd Additional Principal Judge, City Civil Court, Bombay on 4th December, 2009, rejecting the Appellants Notice of Motion No. 1496 of 2008 in suit No. 1068 of 1999. In these Appeals, Civil Application No. 26 of 2010 was taken out on which on 13th January, 2010, ad-interim relief in terms of prayer clause (a) was granted and 2 it is continued against the Corporation for last six months. 2. In view of this, the learned counsel for the parties agree that the Plaintiff may tender his evidence in form of affidavit before the Trial Court on 5th July, 2010 and keep his witnesses ready for cross-examination as and when the learned Judge fixes the matter. Plaintiff shall not seek any further adjournment for cross- examination of any witness in the suit, except on the ground of illness or death. 3. The learned Judge shall endavour to dispose of the suit latest by 31st August, 2010. Till then, the ad-interim relief granted in Civil Application No. 36 of 2010, shall continue. All the parties agree to co-operate with the learned Judge. 4. Both the Appeals are, therefore, disposed of. 5. In view of the disposal of the Appeals, Civil Application Nos. 36 of 2010 and 519 of 2010 do not survive and are disposed of accordingly. (R.C. CHAVAN, J.)