1 ao1038-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa APPEAL FROM ORDER NO. 1038 OF 2008 ALONGWITH CIVIL APPLICATION NO. 1264 OF 2008 Keshav Kashinath Badde .. Appellant v/s. Municipal Corporation of Greater Mumbai .. Respondents. .... Mr. A. M. Saraogi for the Appellant. Mr. K. K. Soraan for BMC. .... CORAM : R.C. CHAVAN, J. DATE : JULY 20, 2010. P.C. This Appeal questions the order passed by the learned Judge City Civil Court, Mumbai, refusing the ad-interim injunction to restrain the defendant Municipal Corporation from demolishing the building constructed, on the ground that it was necessary to hear the corporation before deciding the Notice of Motion. In view of this, it is proper to the parties to appear before the trial Court and pray that the Notice of Motion be decided on merits. The learned counsel for the Corporation states that Corporation should stay the hands till the Motion is 2 ao1038-08 disposed of. 2. The learned trial Judge is directed to hear the motion on the date when it is fixed after giving reasonable time for respondent Corporation, but shall not adjourn the Motion at the instance of the plaintiffs. 3. The Appeal is, accordingly, disposed of. 4. In view of the disposal of the Appeal, Civil Application No. 1264 of 2008, does not survive, and is disposed of accordingly. [ R. C. CHAVAN, J. ]