1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1060 OF 2009 Anand Ulkumarappa Naik ... Appellant v/s The Municipal Corpn. Of Gr. Bombay ... Respondent Mr.V.P.Patankar for the appellant. Smt.K.K.Soraan for the Corporation. CORAM: SMT.NISHITA MHATRE, J. DATED: 9TH NOVEMBER, 2009 P.C.: 1. The City Civil Court has refused to grant an ad-interim injunction in favour of the appellant and hence the present appeal from order. 2. The Court has held that besides two rent receipts, one of the year 1994 and the other of the year 2005 and an undertaking/affidavit of the landlord, no other document has been produced by the plaintiff to substantiate his case made out in the plaint that the structure was in existence prior to 2 the datum line. In my opinion, the learned Trial Court has committed no error in passing this order since the plaintiff has no material to indicate that the structure was in existence prior to the datum line. 2. Appeal from order dismissed. 3. Civil Application No.1308 of 2009 also stands dismissed in view of dismissal of the appeal from order. ..... 3