1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 875 OF 2002 Surya Bhan Singh & anr. ... Appellants v/s Municipal Corpn. Of Gr. Mumbai & ors. ... Respondents Ms.Anjali K. Singh for the appellants. Mr.V.B.Pandey for Resp. No.3. CORAM: SMT.NISHITA MHATRE, J. DATED: 22ND FEBRUARY, 2010 ORAL JUDGMENT: 1. The appeal from order has been preferred against the order passed by the City Civil Court by which the Court has dismissed the notice of motion. At the interim stage, this Court, while admitting the appeal, had passed an order on 7.10.2002 and granted ad-interim relief in terms of prayer clauses (a), (b) and (c) of the civil application. These prayers were in terms the same as the ones sought in the notice of motion. 2 2. Being aggrieved by the interim order passed by this Court, the respondent No.3 had filed Civil Appeal No.3636 of 2003 before the Supreme Court. That civil appeal has been disposed of on 21.4.2003 by the following order:- “Leave granted. Heard the learned senior counsel for the parties. The interim order in terms of prayer clauses (a), (b) and (c) is granted by the High Court at Bombay. The learned senior counsel, on either side, agree that the said interim order in terms of prayer clauses (b) and (c) shall remain undisturbed. So far as prayer clause (a) is concerned, we direct that the appellant would keep flat Nos.703 to 708 on the seventh floor, admeasuring approximately 3,200 sq. ft., vacant and without creating any encumbrance or third party interest, pending hearing of A.O. No.875 of 2002 in the Bombay High Court. This shall be without prejudice to the rights and contentions of the parties in the said appeal and subject to the result of the said appeal. No further construction shall be made in unconstructed/ open land in C.T.S. No.2706, pending disposal of the aforementioned appeal. The impugned order of the High Court is modified accordingly. The High Court shall now decide the appeal on merits, expeditiously. The civil appeal is, accordingly, disposed of. No costs.” 3. I am informed that the plaintiff is leading evidence in the matter and in fact has already examined one witness and the second witness is under cross-examination. 4. In my view, therefore, it would be appropriate to 3 dispose of the appeal from order in the following terms:- 5. The interim order passed by this Court and as modified by the Supreme Court on 21.4.2003 shall continue to operate pending the hearing and final disposal of the suit. This will be without prejudice to the rights and contentions of the parties in the suit. As directed by the Supreme Court, no further construction shall be made in the unconstructed/open land bearing C.T.S. No.2706 pending disposal of the suit. 6. Appeal from order stands disposed of accordingly. ..... 4