SM 1 34.ao.220.11.ca.328.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 220 OF 2011 WITH CIVIL APPLICATION NO. 328 OF 2011 IN APPEAL FROM ORDER NO. 220 OF 2011 Shri. Damodar Achyut Patil ....Appellant Versus The Municipal Corporation of City of Thane and another ....Respondents ____________ Mr. Sandesh Deshpande for the Appellant. Mr. Mandar V. Limaye for the Respondent No. 1. CORAM: J. H. BHATIA, J. DATED : 6 TH JULY, 2011. P.C.: The Appeal is preferred by the original Plaintiff against the rejection of application below Exh.5 for temporary injunction restraining the Respondent No. 1 from demolishing his structure, which is a farm house situated on Gat No. 24 within the limits of village Yeoor, district - Thane. According to the Plaintiff, after purchase of the said land in 1982, he had made construction of a house with due permission and approval from the Gram Panchayat. Later on, village Yeoor was merged in the Municipal Corporation, Thane. Municipal Corporation issued notice for demolishing, on the ground that construction is without permission. SM 2 34.ao.220.11.ca.328.11 2. On perusal of the impugned order and the record, it appears that there was an admission that the said house is in existence since before 1984, when the Gram Panchayat was merged with the Municipal Corporation. It also appears that the then Sarpanch of the Gram Panchayat had approved the plan and given 'No Objection Certificate' for construction of the house as per the map annexed with his letter dated 25 th November, 1980. The learned Counsel for the parties informed that the dispute is as to whether the construction is as per the said plan or excess construction has been made. This aspect can be looked into at the time of Trial of the suit. Therefore, in my opinion, it will be necessary to give some protection to the Plaintiff. 3. In the result, the Appeal is allowed. Impugned order is set aside. The parties are directed to maintain status-quo till final disposal of the Special Civil Suit No. 908 of 2009 pending with the Civil Judge, Senior Division, Thane. 4. The Trial Court shall expedite the hearing and dispose of the Suit preferably within one year. 5. The Appeal and Application stand disposed of accordingly. (J. H. BHATIA, J.)