MP 1 AO208_10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 208 OF 2010 IN NOTICE OF MOTION NO. 1557 OF 2009 IN LONG CAUSE SUIT NO. 1424 OF 2009 WITH CIVIL APPLICATION NO. 278 OF 2010 Mohd. Ismail Shaikh Ibrahim ).. Appellant Versus Mr. Abdul Aziz and others ).. Respondents Mr. R. R. Tiwari for the Appellant. Ms. Savina S. Bangera i/b. Anil Mishra for Respondent Nos. 1 to 3. Mr. K. K. Soraan for Respondent No. 5. CORAM : B.R. GAVAI, J. MONDAY, JANUARY 31, 2011 P. C. : By way of present appeal, the appellant challenges the order dated 15th January 2010 vide which the Notice of Motion filed by the appellant came to be dismissed. The appellant has filed a Notice of Motion under Order 39 Rule 1 and 2 of the Code of Civil Procedure thereby seeking temporary injunction restraining the defendant Nos. 1, 3 and 4 therein from re-erecting the suit premises. The said Motion is rejected. Hence the present appeal. 2. The learned Counsel for the appellant submits that the learned Trial Court has erred in rejecting the application. He submits MP 2 AO208_10 that the learned Trial Court ought to have taken into consideration that though the land is owned by the Corporation, the appellant was the owner of the structure, and as such, the defendants have no right to make an unauthorized construction. 3. The learned Trial Court has found that the plaintiff- appellant has failed to produce the documentary evidence to establish that he has let out the suit property to the father of the defendant No. 1. The learned Trial Court has further found that if the defendant Nos. 1 to 4 will carry out illegal and unauthorised construction, in that event, the defendant No. 5 is always entitled to take appropriate action in that respect. No perversity could be noticed in the approach adopted by the learned Trial Court to warrant interference. Hence rejected. 4. In view of disposal of appeal, nothing survives in the civil application. The same is also disposed of accordingly. (B.R. GAVAI, J)