: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.628 OF 2008 WITH CIVIL APPLICATION NO.727 OF 2008 IN NOTICE OF MOTION NO.1263 OF 2008 IN L.C.SUIT NO.1266 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.G.S. Godbole with Mr.Shailesh Shukla for the Appellant. Mrs.Geeta Joglekar for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 30TH JUNE, 2008. P.C. : 1. Admit and heard finally. 2. I do not for a moment suggest that the impugned order suffers from any infirmity at all. In fact the orders passed by the Assistant Municipal Commissioner and the learned Judge are correct. Mr.Godbole was unable to fault : 2 : either order in any manner. 3. Mr.Godbole however, relied upon the document dated 15.6.1993 (Exhibit-B to the plaint) and the plans mentioned therein. It is made clear that if the Appellant desires to rely upon the said document and the plans referred to therein, it would be his responsibility to produce the same/have the same produced and/or to make necessary applications for the same. These documents do not appear to have been relied upon by the Appellant before the Assistant Municipal Commissioner. There is no grievance in the plaint that the Assistant Municipal Commissioner did not consider the document and the plans mentioned therein though it was relied upon before him. 4. It is only with a view to affording the Appellant an opportunity of establishing his case by relying upon the said document dated 15.6.1993 and the plans mentioned therein that the present order is based. It is made clear that the : 3 : effect of the documents will be considered by the Assistant Municipal Commissioner. I express no opinion regarding the relevance or authenticity of the same. 5. In the circumstances, the impugned order is set-aside. The Assistant Municipal Commissioner, N/Ward shall afford the Appellant an opportunity of establishing his case based on the letter/document dated 15.6.1993 and the plans mentioned therein. The Appellant shall appear before the Assistant Municipal Commissioner, N/Ward at 11.00 a.m. on 7.7.2008 and thereafter as may be directed by the Assistant Municipal Commissioner, N/Ward. Till the decision thereon and for a period of eight weeks thereafter, status-quo in respect of the suit structure shall be maintained. 6. In the circumstances, the Appeal from Order is accordingly disposed of. The Civil Application is also accordingly disposed of.