spb/- 1 28-10-1281-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION APPEAL FROM ORDER NO. 1281 OF 2010 WITH C.A. NO. 1579 OF 2010 IN A.O.NO.1281 /2010 Jaiprakash Kamtaprasad Sonar ... Appellant. Vs. The Municipal Corporation of Gr. Mumbai ... Respondents. --- Mr. U.V. Sinigh for the Appellant. Smt. K.K. Soraan for the Respondent. ----- CORAM : J. H. BHATIA, J. DATE : 28TH OCTOBER, 2010. P.C. 1 Heard the learned counsel for the parties. 2 The appellant is the original plaintiff in the Suit No. 1997/2010. He claims to be a tenant in the chawl situated at Bhandup (W). According to him the building in question was constructed prior to 1962 and the suit structure is in existence since the time of his grand father. Notices were issued to the plaintiffs and the owners for demolition of unauthorized structures on the first floor of the building. A reply was filed by the present appellant-plaintiff to the notice. After hearing the concerned parties, the Municipal Commissioner passed a detailed order, stating spb/- 2 28-10-1281-10.sxw that the structure about, which the notice has been issued, is not established to be in existence prior to the datum line of 01.04.1962 for commercial and 17.04.1964 for residential structure. There is no document on record to show that the structure is in fact in existence and/or the structure of the first floor is in existence prior to the datum line. The learned counsel for the plaintiff contends that the respondent has not filed any reply to the notice of motion but the trial court has refused to grant ad-interim relief. 3 After hearing the parties and on perusal of the documents placed before this court, I do not find any illegality in the order passed by the trial court in refusing to grant ad-interim relief. Therefore, I refuse to interfere in the impugned order. 4 In the result, the appeal stands dismissed. The respondent shall file reply to the notice of motion before the trial court within four weeks and the trial court shall decide the notice of motion within six weeks thereafter on its own merit without being influenced by the observations made by it while refusing the ad-interim relief. 5 As the Appeal from order itself is disposed of, the Civil Application does not survive and the same stands disposed of as such. [J.H. BHATIA, J.]