spb/ 1 ca1681-10ao1367 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO. 1681 OF 2010 IN APPEAL FROM ORDER NO. 1367 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders MrKunal Bhanage for the Appellant. Ms. K.K.Soraan for the BMC. --- CORAM : D.G. KARNIK, J. DATE : 22nd DECEMBER 2010 P.C.:- 1 Heard both the sides. 2 The appeal has been admitted. 3 In my view a prima facie case for grant of injunction is made out. The documents filed in the compilation show that the land has been allotted to the appellant’s father by the Collector in the year 1949. The building plan appears to have been approved by the Corporation on 24th May, 1950 vide document at serial no. 4 of the compilation. 4 In the circumstances, the respondent- Corporation is restrained by way of ad-interim spb/ 2 ca1681-10ao1367 orders from demolishing the suit premises till the disposal of the present appeal. 5 It is clarified that this order does not prevent the trail court from proceeding with the hearing of the motion on its own merits on its due date. There shall be no stay of the suit. 6 Civil application disposed of. (D.G. KARNIK, J.)