: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.763 OF 2007 Smt.Gangubai Bandu Pawar & Ors. ..Appellants. Vs. The Municipal Corporation of Greater Mumbai & Ors. ..Respondents. Mr.Jitendra G. Damani for the Appellants. Mrs.Geeta Joglekar for the BMC. Mr.R.A.Thorat for Respondent Nos.2, 5, 7 and 8. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 15TH APRIL, 2008 DATED : 15TH APRIL, 2008 DATED : 15TH APRIL, 2008 P.C. : P.C. : P.C. : Admit. Heard finally. 2. The impugned order warrants no interference at this stage except to restrain both the parties from altering the status-quo as on date qua the aspect of construction alone. 3. There is a dispute as to the entitlement of Respondent No.8 and the Appellants qua their claim to be the heirs of the original owners viz. one Pawar. Proceedings for succession certificate have been adopted by Respondent No.8 before the Civil Judge, Senior Division, Thane. The Appellants are : 2 : parties to the said proceedings. 4. In the circumstances, the impugned order warrants no interference per-se. However, the Respondents are also restrained from altering or constructing the suit structures in any manner whatseover internally or externally. 5. It is clarified that if the said work is illegal, Respondent No.1 is at liberty to take action in accordance with law. The rights and duties of Respondent No.1 shall not be affected in any manner by the said order or by the pendency of these proceedings.