-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL NO.450 OF 2007 APPEAL NO.450 OF 2007 APPEAL NO.450 OF 2007 Municipal Corporation of the City of Pune and anaother ...Appellants vs. Gujarabai Chowghale ...Respondent Mr. R.G.Ketkar for the Appellants CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : JANUARY 9,2008 : JANUARY 9,2008 : JANUARY 9,2008 P.C.: P.C.: P.C.: 1. Heard Advocate for the Appellants. Second Appeal is admitted on the following substantial questions of law: i) Whether both the courts below ought to have held that the permission relied upon by the Respondent-plaintiff was a temporary permission for a period of 11 months and the suit structure was completely unauthorised ? ii) Whether the courts below committed an error by granting discretionary and equitable relief in favour of the Respondent though the Respondent failed to prove the valid authorisation for continuation of the suit structure ? 2. Hearing is expedited. Printing is dispensed with. The Advocate for the Appellants to file private paper book within a period of one year failing which the Appeal will stand dismissed for non prosecution without further reference to the Court. -2- JUDGE JUDGE JUDGE