: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER 395 NO.OF 2008 WITH CIVIL APPLICATION NO.464 OF 2008 IN NOTICE OF MOTION NO.2296 OF 2005 IN L.C.SUIT NO.4155 OF 2004 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.C.K. Pendse for the Appellant. Mrs.Geeta Joglekar for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 24TH JUNE, 2008. P.C. : 1. I am not inclined to interfere with the impugned order in view of the fact that the Appellant has not been able to establish that the land on which the suit structure is constructed is private land. The Respondent - Corporation contends that the land belongs to the B.M.C. having acquired the same from the : 2 : MHADA. If that is the case, it is not possible to protect the structure being on the municipal land which is reserved for the public purpose. 2. However, with a view to giving the Plaintiff an opportunity of establishing the contention that the structure is on private property, the Respondent shall not implement the impugned notice upto and inclusive of 30.9.2008. The Appellant shall be at liberty to make an application before the trial Court for protecting the structure on the ground that the structure is on the private land. If the structure is found to be on private land, the trial Court will protect the same. 3. The Appeal from Order is accordingly disposed of. The Civil Application is also disposed of.