1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1906 OF 2009 ALONG WITH CIVIL APPLICATION NO. 4898 OF 2009 Purushottam G. Ruia & anr. ... Appellants v/s Maharashtra Housing and Area Development Authority & ors. ... Respondents Mr.N.R.Bubna for the appellants. Mr.P.G.Lad for respondent No.1. CORAM: SMT.NISHITA MHATRE, J. DATED: 15TH MARCH, 2010 P.C.: 1. This first appeal arises from the order of the City Civil Court by which the City Civil Court has dismissed the suit. It is contended on behalf of the appellant that the City Civil Court has erred in not granting perpetual injunction as sought by the appellants. 2. It is submitted that the appellants are lessees in the suit land and, therefore, defendant Nos.1 and 2 ought to have 2 sought their permission prior to refurbishing the structure on the land. 3. The City Civil Court has recorded a statement that respondent Nos.1 and 2 have merely reconstructed the houses and repaired some of them to improve the standard of living of the slum dwellers. The Court has also recorded the fact that MHADA was not intending to develop the suit property nor was it intending to obtain possession of the structure on the suit land. 4. In these circumstances, the City Civil Court, in my opinion, has rightly refused the injunction and dismissed the suit. 5. First appeal stands dismissed along with the civil application. ..... 3