1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.722 OF 2009 WITH CIVIL APPLICATION NO.900 OF 2009 Smt.Devkiben Thoban Gala & Ors. ..Appellants V/s. The Municipal Corporation of Gr. Mumbai ..Respondents ---- Mr.Vijay J. Hegde for the appellants. Mrs.K.K.Soram for the respondent/BMC. ---- Coram : R.S.MOHITE,J Date : 23rd July, 2009. PC 1 Heard both sides. Admit. By consent, matter is taken up for final hearing. 2 The present appeal impugns an order dated 3.7.2009 passed by the City Civil Court rejecting ad-interim injunction in the plaintiffs’ Notice of Motion. The plaintiffs’ have filed the suit against the Corporation impugning the order dated 21.4.2009. The said order is an order purporting to be one under Section 314 and which call upon the plaintiffs to remove the part of their structure admeasuring 17.31 sq. meter on the footing that it was unauthorised encroached area. On seeing the show cause notice dated 2.12.2008 and the 2 map annexed thereto, I find that the entire structure was shown as an encroachment on the road. Then an order was passed on 12.2.2009 showing that out of the total area of 35.51 M2, 9.1 M2 was assessed area. The affected area however, was wrongly calculated as 19.08 M2. Again by the impugned order dated 3.7.2009 the earlier order is varied and now it is accepted that the area of 18.2 Sq. meter is assessed. Whereas area of 17.31 M2 is shown as affected. It is seen that Corporation has taken different stands at different points of time. It is contended that this structure is situated on private land. In the circumstances, the appeal is allowed. Pending the disposal of the Motion, the defendant shall maintain status-quo as of today. It is made further clear that the plaintiff will not be entitled to make any additions or repairs without the permission of the Corporation. Hearing of the Notice of Motion is expedited. 3 As appeal is allowed, the Civil Application No.900/2009 does not survive and stands disposed off accordingly. (R.S.MOHITE,J)