: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1072 OF 2009 ALONGWITH CIVIL APPLICATION NO.1319 OF 2009 Auto Care .. Appellants V/s. Nandkumar Jantre, Commissioner, Municipal Corporation of Greater Mumbai & Ors. .. Respondents Mr. A.A. Kumbhakoni, Sr. Advocate, i/b. Mr. K.S. Dewal for the Appellants-Applicants. Mr. Mandar Limaye for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 2 ND DECEMBER, 2009. P.C.: 1. The contention raised by the appellants- applicants in the present Appeal from Order is that the trial Court has erred in refusing temporary injunction to the appellants-applicants by its order dated 11th September, 2009. According to the appellants-applicants, they are running a garage / workshop for the repairs of cars. A notice dated 26th October, 2007 was issued to the appellants- applicants directing them to demolish the sheds under which the cars are repaired. According to the appellants-applicants, these are weather sheds and, : 2 : therefore, no permission is required from the respondent-Municipal Corporation to construct the same. 2. Admittedly today, the sheds erected in the compound which is in possession of the appellants- applicants have been demolished to a great extent. The compound wall and gate to the suit premises have also been demolished, according to the appellants-applicants. The learned Counsel appearing for the respondent-Municipal Corporation disputes this contention and states that the compound wall is still intact and it is only the gate which has been removed. 3. In my opinion, this Appeal from Order can be disposed of with the following order : (a).The appellants-applicants may apply to the trial Court for reconstruction of the demolished sheds. The trial Court will decide such an application, if made, in accordance with law. : 3 : (b).The appellants-applicants may repair the compound wall, if the same is damaged and, install a gate which admittedly has been removed. (c).The respondent-Municipal Corpo- ration is free to take action in accordance with law in respect of the compound wall to the aforesaid premises. 4. The Appeal from Order is disposed of. 5. In view of the above, Civil Application No.1319 of 2009 pending in the Appeal from Order does not survive and the same is dismissed. .......