1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 280 OF 2010 IN NOTICE OF MOTION NO. 953 OF 2009 IN B.C.C.C. S.C. SUIT NO. 1444 OF 2009 Jayant Jivanlal Sanura & Ors. ... Appellants (Orig.defts.1 t 3) Vs. Chetan Karansingh Rathod & Ors ... Respondents (Orig. Plaintiffs) Mr. S. Bhatia i/b. Ms. Rekha Shinde, Advocate, for the appellants. Smt. K.K.Soran,Advocate, for the respondents – BMC Shri Girish Paryanii i/b. Shri Vaibhav Patankar,Advocates, for the respondents 1 to 5. CORAM: J.H.BHATIA, J. DATE : 19th April, 2010. P.C. 1. Heard the learned Counsel for the parties. 2. The trial Court had restrained the defendants from demolishing the suit structure till the date of filing their reply in the Notice of Motion. That order is challenged in the present Appeal by the original defendant Nos. 1 to 3. The Notice of Motion is still pending and the period of 9 months has passed after the 2 ad-interim order was passed. In my considered opinion, the interest of justice would be served by the following order :- The defendants shall file reply to the Notice of Motion in L.C. Suit No.1444 of 2009 on or before 6th May, 2010 and the trial Court shall hear the parties and dispose of the Notice of Motion by the end of June, 2010. Appeal stands disposed of accordingly. 3. As the Appeal itself is disposed of, C.A. No.366 of 2010 does not survive and stands disposed of accordingly. (J.H.BHATIA,J.)