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2011 DIGILAW 934 (BOM)

Municipal Corporation of Greater Mumbai v. Apsara Cold Drink House

2011-08-02

J.H.BHATIA

body2011
Judgment : 1. These two appeals were filed by the defendants against grant of temporary injunction in Notice of Motion No.4788/2005 in Suit No.5489/2005 whereby the defendant Nos. 1 and 2 were restrained from initiating any action against the plaintiffs/respondents in respect of the suit structure on the basis of Notice dated 8.9.2005 under Section 351 of the Bombay Municipal Corporation Act and the order passed thereon. 2. Heard the learned Counsel for the appellant. None for the respondents. Perused the record. The impugned order of temporary injunction is in operation for last more than five years and the suit itself is more than six years old. Taking into consideration the facts of the case and the above circumstances, in my opinion, no purpose will be served by interfering in the impugned order at this stage. Interest of justice will be better served by expediting the hearing and disposal of the suit. 3. Therefore, both these appeals stand dismissed. However, the trial Court is hereby directed to expedite the hearing and dispose of Suit No.5489 of 2005 as early as possible, and in any case, by the end of December, 2011.