1 WP No.841/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.841 of 2010 Kalyan Dombivli Municipal Corporation ... Petitioner versus Dnyaneshwar Dattu Gaikar & ors. ... Respondents ... Mr. A,S,Rao for the petitioner. CORAM : D.G. KARNIK, J DATED : 6th December 2010 P.C. 1. I am not inclined to interfere in exercise of an extraordinary jurisdiction under Article 227 of the Constitution of India for the following reasons: (i) The impugned order is interlocutory which calls for no interference. (ii)The lower appellate court has exercised discretion of granting an injunction. Sufficient grounds are not made out for interference in the said discretion. (iii)The lower appellate court has come to the conclusion that the respondents have made out a prima face case. It is undisputed 2 WP No.841/10 that municipal taxes are being paid for last more than 20 years. As such, prima facie there appears to be material on record that the suit structures are in existence for more than 20 years. In the circumstances, the lower appellate court committed no error in protecting the suit structures pending the decision of the suit. 3. Writ Petition is accordingly, rejected summarily. (D.G.KARNIK, J)