1 ao499.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Appeal from Order No. 499 of 2011 WITH Civil Application No. 693 of 2011 IN AO 499/2011 WITH Civil Application No. 694 of 2011 IN AO 499/2011 Sanjay Tukaram Dhanawde ....Appellant v/s. Mahfuz Khan & ors. ....Respondents Mr. Suresh Gole for the appellant. Mr. Mahfuz Khan for the respondents. CORAM: R.M. BORDE, J. 21st September, 2011 PC: The appellant is raising challenge to the order passed on 22nd September, 2009 in Notice of Motion No. 107/2008 in L.C. Suit No. 51/2007 by the Judge, City Civil Court, Dindoshi Bench, Borivali, Bombay. The Notice of Motion is taken out by the plaintiffs claiming relief of injunction restraining the defendants from causing obstruction and interference with the use and enjoyment of the plaintiff over the suit property. The suit property consist of some part out of Survey No. 285/A/1, Hissa No. 21-23 and 25 forming part of sub-Plot No.1 of Final Plot NO. 68 admeasuring 490 sq. yds. approximately 4900 sq. feet. The plaintiff also claimed an order of injunction against defendant no.3-respondent herein restraining them from accepting the plans and proposals of proposed redevelopment of suit property and restraining defendants 1 and 2 from entering upon the suit plot of land in order to implement the SRA Scheme. 2 ao499.11.sxw 2. It is the defence of the defendants that the suit property had been declared by the State by issuing gazette notification as a slum. The plot of land bearing CTS No. 285/A-1, 285/A1 part 1 to 114 of Village Bandra (E), Tal. Andheri, Mumbai Suburban District is declared as Slum vide notification issued under Section 4(1) of Maharashtra Slum Areas (I.C. & R.) Act, 1971. There are about 317 occupants of the land and accordingly after Survey 205 occupiers are held eligible occupiers for alternate accommodation in the SRA Scheme. Since the plot of area in respect of which an order of injunction is claimed is declared as a slum, the learned trial Judge considering all relevant aspects is justified in turning down notice of motion. I do not find any infirmity in the order passed by the trial Court. The appeal from order is devoid of substance. Dismissed. 3. In view of dismissal of Appeal from Order, Civil Applications do not survive. The same are disposed of accordingly. The learned trial Court Judge is directed to decide the suit filed by the plaintiff expeditiously. (R.M.BORDE, J)