1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.851 OF 2009 WITH CIVIL APPLICATION NO.1047 OF 2009 Malti H. Kapadia. ..Appellant. Vs. Kalpana A.Kapadia and anr. .Respondents. Mr.Khan Javed Akhtar for the Appellant. Mr.Dharma Sharma i/by Dharma & Co. for the Respondents 1 and 2. CORAM : R.S. MOHITE, J. DATE : 30/9/2009 PC : 1 This is an appeal filed by the original plaintiff who had filed a suit for injunction against the demolition of the wall. The suit was filed on 14.9.2008. It is the case of the plaintiff that the wall was partly demolished on 11.9.2008, 12.9.2008, 13.9.2008 and 14.9.2008. The record indicates that the Status quo order was obtained by the plaintiff on 14.9.2008. However, according to the plaintiff in violation of the status quo order wall came to be 2 totally demolished. My attention is drawn to the letter dated 13.9.2008 by which the landlord has given certificate that the wall has been constructed without his knowledge and permission. It is also admitted fact that the wall has been constructed without the permission of the BMC. It appears that the dispute is between the family members who have constructed the wall by making partition between the rooms. The relief sought is of mandatory nature and the court has no power to grant such licence to create an illegal construction. Appeal is therefore, rejected. It is however, made clear that, as regards the possession, both the parties to maintain status quo till the disposal of the suit. Civil Application No.1047 of 2009 1 As the main appeal is dismissed, civil application does not survive and the same is disposed off. ( R.S.MOHITE, J. )