1 ao99 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO.99 OF 2006 Rafiq Hameed Sayyed ...Appellant vs. The Municipal Corporation of Greater Mumbai ...Respondent Ms Asha i/b Mr.Vinay Hegde for the appellant Ms K.K.Soraan for the respondent CORAM : A.S.OKA,J. DATE : MARCH 29,2011 P.C.: 1 Heard the learned counsel for the parties. The challenge in this appeal from order is to the order dated 17th January 2006 passed by the trial Court on notice of motion for temporary injunction taken out by the appellant-plaintiff. Perused the order dated 10th February 2006 passed by this Court on Civil Application for interim relief. By a detailed order, after considering the merits of the case, this Court granted interim relief till the disposal of the appeal. One of the prima facie findings recorded by this Court is that the land on which structure is situated is owned by the Maharashtra Industrial Development Corporation and the said Corporation is the Planning authority. This Court has recorded a finding that this aspect is not considered by the trial Court while passing the impugned order. Hence, interests of justice will be served if the interim relief granted by this Court is continued till the disposal of the suit, if the same is pending. 2 Hence, appeal from order is disposed of by directing that:- 2 ao99 i) interim relief granted by order dated 10th February 2006 will continue to operate till the final disposal of the suit, if the suit is pending. ii)All contentions of the parties are kept open. JUDGE