1 ao1198.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1198 OF 2010 WITH CIVIL APPLICATION 1491 OF 2010. Smt. Veenabai Yeshwant Keni @ Bhandari and others ... Appellants. Vs. Municipal Corporation of Greater Mumbai ... Respondents ...... Mr. Nitin Mulye for the Appellants. ...... CORAM : J.H. BHATIA, J. DATE : 21ST OCTOBER, 2010. P. C. 1. Heard the learned Counsel for the parties. The appellants are the original plaintiffs in Long Cause Suit No. 1884 of 2010. They filed Notice of Motion seeking temporary injunction restraining the Municipal Corporation from dumping the garbage on the suit land. The trial Court refused ad interim relief pending the notice of motion. That order is challenged in the present appeal. 2 ao1198.10.sxw 2. As the notice of motion is still pending and as the name of Municipal Corporation is admittedly shown as owner of the property since 1955-56 and as earlier suit filed by the plaintiff in 2006 was withdrawn in July 2010 with liberty to file fresh suit and he has filed fresh suit now, in my considered opinion, it will not be desirable to interfere with the order refusing ad interim relief. The purpose would be served if the notice of motion is heard and decided at the earliest. 3. Therefore, the appeal stands disposed of with the following directions. 4. The Municipal Corporation to file the reply to the notice of motion within 3 weeks and the trial Court shall dispose of the notice of motion within 5 weeks thereafter. 5. The appeal as well as civil application No.1491/2010 stand disposed of accordingly. J. H. BHATIA, J