1 ao373 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO.373 OF 2011 Rehana Zakir Shaikh & Anr. ...Appellants vs. Municipal Corporation of Greater Mumbai ...Respondent Mr.Prashant Surve for the appellants Mr.J.J.Xavier for the respondent CORAM : A.S.OKA,J. DATE : APRIL 26,2011 P.C.: 1 Heard the learned counsel for the appellant and the learned counsel for the respondent. By the impugned order, the learned trial Judge has declined to grant ad- interim relief on a notice of motion taken out by the appellant. The challenge in the suit is to the action under section 351 of the Mumbai Municipal Corporation Act,1888 (hereinafter referred to as the said Act). The reply to the notice issued by the respondent under section 351 of the said Act does not disclose that either the offending structure is constructed as per the valid permission of the respondent or it can be tolerated as per the policy of the respondent. Unauthorised construction is on the compulsory open space at the terrace of the building. Hence, no fault can be found with the impugned order of declining to grant ad-interim relief. 2 Hence, I pass the following order : i) Appeal is dismissed with no order as to costs. 2 ao373 ii) Pending notice of motion and the suit will be decided on its own merits without being influenced by the impugned order. iii) Hearing of the suit is expedited. iv) Civil application no.520 of 2011 does not survive and the same is disposed of. JUDGE