* 1 * FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 962 OF 2008 W I T H CIVIL APPLICATION NO. 1163 OF 2008 IN APPEAL FROM ORDER NO. 962 OF 2008 __________________________________________________________________ Office Notes, Office Memoranda of Coram, apperances, Court' s orders or Court's or Judge's orders directions and Registrar's orders Mr.Amit Sale, adv.for appellant. Mrs.Geeta Joglekar, adv.for B.M.C./ respondent no.1. Mr.Prakash Hegde,adv.for respondent no.2. Coram: Smt.R.P.SondurBaldota J. Dated : 23 rd September, 2008. P.C. : 1. This appeal is preferred against an order refusing ad-interim relief to the appellant who has been served with notice Section 351 of the Mumbai Municipal Corporation Act, alleging that he has carried out unauthorised construction of * 2 * structure admeasuring 10' .4'' x 13'' at Rajendra Ramraj Rai Chawl, Kandivali (East). The owner of the chawl is respondent no.2 to this appeal. 2. Mr.Sale learned counsel for the appellant, points out that his immediate neighbour residing in Room No.7 has been served with identical notice which is challenged by filing L.C.Suit No. 1650 of 2008. Though both the plaintiffs are identically placed, the learned Judge has granted ad-interim reliefs in one matter and refused in the other. The order in favour of occupant of Room no.7 was passed on 5th September, 2008. The impugned order is dated 9th September, 2008. Since both the persons are identical placed, the learned Judge in all fairness ought to have granted ad-interim relief to the present appellant also. By the order dated 5th September 2008 passed in L.C.Suit No.1650 of 2008, * 3 * the parties have been directed to maintain status-quo in respect of the suit structure. The same order needs to be granted in the present case also. The parties are directed to maintain status-quo in respect of the suit structure pending hearing of the Notice of Motion. With the above order, the Appeal from order stands disposed off. 3. With the disposal of the Appeal from Order, the Civil Application does not survive. The same is accordingly disposed off. [JUDGE]