1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1153 OF 2009 Chandrashekhar Ramshankar Tiwari .. Appellant Versus Maharashtra Housing and Area Development Authority MHADA & Anr. .. Respondents Mr.V.E.Pandey for appellant. CORAM : S.C.DHARMADHIKARI, J. DATE : 15th April 2010. P.C.: 1] This appeal from order challenges an order dated 20th August 2009 in Notice of Motion No.24281 of 2004. 2] This is a motion under Order 39 Rule 2A of the CPC alleging disobedience of an order of injunction passed by the trial court. The trial court on a perusal of the relevant documents and hearing parties has come to a conclusion that the defence of the statutory authority is bonafide inasmuch as, the identity of the structure has not been established, even prima facie, by the plaintiff. The defence was that on 3rd August 2000, 2 the plot was vacant and there was no structure of the plaintiff in existence. It is their case that the plaintiff made some unauthorised construction which was demolished. 3] It is contended that this defence is untenable because the subsequent events including orders of this Court would show that there is no dispute with regard to existence of this structure nor its description is in any way vague. 4] To my mind subsequent order would not be decissive in this case when the violation that is alleged is of an order of 20th September 2004 of status quo. Further, the authority has stated that the structure of the plaintiff was on private land. He was trying to make construction on the land of the authority by taking advantage of the order of the court. 5] To my mind, learned Judge, in such circumstances, was in no error and his prima facie conclusion in para 6 of the impugned order does not suffer from any infirmity or an obvious error so as to call for interference in the appellate jurisdiction. Further, the infirmity noticed viz., that those responsible for the acts of commission and omission have not been 3 named as contemnors and impleaded as party in such capacity is also in the peculiar circumstances, valid, proper and therefore, the appeal is dismissed. C.A. if any is dismissed as does not survive. (S.C.DHARMADHIKARI, J)