1 ao169 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO.169 OF 2011 Manoj D. Akre & Ors. ...Appellants vs. Municipal Corporation of Greater Mumbai ...Respondent Mr.Vivek Walawalkar i/b Mr.Kunal Bhanage for the appellants Mr.A.Y.Sakhare, Sr.Advocate with Mr.J.J.Xavier for the respondent-B.M.C CORAM : A.S.OKA,J. DATE : MARCH 4,2011 P.C.: 1 Heard learned counsel for the appellants and the learned senior counsel for the respondent. A compilation of documents has been filed by the respondent. From the impugned order, it appears to me that most of the documents therein were not before the trial Court. The contention of the respondent is that the suit structures were demolished and in fact two flats were alloted in the name of the mother on account of demolition of the suit structures. While deciding this appeal against ad- interim order, the documents which were not produced before the trial Court cannot be considered. There is no application made for production of additional evidence. However, some of the said documents are certainly relevant for consideration of the prayer for grant of ad- interim relief. The learned senior counsel for the respondent submitted that the said documents were referred to in the order passed on the the notice under section 351 of the Mumbai Municipal Corporation Act,1888. The fact remains that the documents were not before the Trial Court. 2 ao169 2 In the circumstances, only order which can be passed is of setting aside the impugned order by directing the trial Court to consider the prayer for ad-interim relief afresh. 3 Hence, I pas the following order : i) Impugned order dated 11th February 2011 is quashed and set aside. ii)It will be open for the respondent to place a compilation of documents filed on record of this appeal before the trial Court along with an affidavit. The affidavit and documents shall be filed within a period of two weeks from today. The learned trial Judge will hear the parties on the prayer for ad-interim relief and pass an order within a period of four weeks from today. Ad- interim relief granted on 7 th February 2011 will continue to operate for a period of four weeks from today. iii)Civil application no.252 of 2011 does not survive and the same is disposed of. iv)It is made clear that all contentions of the parties on merits of the prayer for ad-interim relief are kept open and the same will be decided on its own merits. v) Parties and the trial Court to act upon an authenticated copy of this order. JUDGE