IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE SIDE SIDE APPEAL APPEAL APPEAL FROM ORDER NO. 837 OF 2006 FROM ORDER NO. 837 OF 2006 FROM ORDER NO. 837 OF 2006 Neel Nandini "B" Co-operative Housing Society Ltd. and ors. ... Appellant. V/s. The Municipal Corporation of Greater Bombay and others. ... Respondents. Anil Singh i/b. D.R.Shah for the appellants. R.A.Malandkar for respondent No.1. P.K.Dhakephalkar, senior counsel i/b. Vinod Mistry & Co. for respondent Nos.2 and 3. CORAM: CORAM: CORAM: A.M.KHANWILKAR, J. A.M.KHANWILKAR, J. A.M.KHANWILKAR, J. DATED: DATED: DATED: 18th January 2007. 18th January 2007. 18th January 2007. P.C.: P.C.: P.C.: . After hearing the counsel for the parties, it was felt that instead of examining contentious issue in the present appeal, which is directed against the order passed by the trial Court refusing to grant ad-interim relief, the appropriate course would be to relegate the parties to the trial Court with direction to the trial Court to decide notice of motion on merits uninfluenced by the observations made in the impugned decisions or for that matter disposal of this appeal. 2. Accordingly, this appeal is disposed of by directing the parties to maintain status-quo as of today with regard to the suit property till the disposal of the notice of motion. The notice of motion shall be disposed of by the trial Court by end of February 2007. I am informed that the notice of motion is appearing on the board of the trial Court on 3rd February 2007, counsel for the appellants assures that rejoinder affidavit shall be filed on or before 3rd February 2007 and advance copy thereof shall be given to the respondents. In that event it will be open to the trial Court to finally dispose of the notice of motion on 3rd February 2007 or so soon thereafter as may be convenient to it while ensuring that the same is disposed of by end of February 2007. As aforesaid, the notice of motion will be decided on its own merits. All questions therein are left open to be decided by the trial Court. . Appeal disposed on the above terms. (A.M.KHANWILKAR, A.M.KHANWILKAR, A.M.KHANWILKAR, J.J.J.)