1 51 ao.195.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 195 OF 2011 Abdul Karim Shaikh s/o Mohammed Ishaq Shaikh. ... Appellant Vs. Municipal Corporation of Greater Mumbai. ... Respondent ----- Mr. S.P.Srivastava for the Appellant. Mr. Vinod Mahadik for the Respondent – BMC. ----- CORAM : A.S.OKA, J. DATE : 08 th April, 2011. P.C. 1 Heard the learned counsel appearing for the Appellant and the learned counsel appearing for the Respondent. 2 By the impugned order, the learned trial Judge has declined to grant ad-interim relief during the pendency of the notice of motion taken out by the Appellant. The suit filed by the Appellant is for injunction restraining the Respondent from demolishing the suit premises without following due process of law. After having perused the impugned order, I 2 51 ao.195.11 find that the ground set out in paragraph No.4 thereof is not at all relevant. The Appellant has placed on record of this appeal, a photograph of the suit structure taken out on 5 th January, 2011, which is marked 'X' for identification. Considering the limited injunction claimed by way of ad-interim relief and considering the documents on record, till notice of motion is heard, limited protection deserves to be granted to the Appellant. 3 Hence, I pass the following order: i. The impugned order is set aside ; ii. The photograph tendered on record of this appeal shall be forwarded by the Registrar Judicial – I to the trial Court in a sealed envelop. The said photograph shall be taken on record of the trial Court ; iii. Till the disposal of the notice of motion, the Respondent is restrained by an order of ad-interim injunction from demolishing the suit structure (which is more particularly shown on the photograph taken on record) without following due 3 51 ao.195.11 process of law ; iv. It is made clear that till the disposal of the notice of motion, even the Appellant will maintain status-quo as of today in all respects in respect of the suit structure ; v. The notice of motion shall be decided on its own merits without being influenced by limited ad- interim relief granted by this Court ; vi. The appeal is partly allowed on above terms with not order as to costs ; vii. Civil Application No. 299 of 2011 does not survives and the same is disposed of. [ A.S.OKA, J ]