1 AO 423-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.423 OF 2010 WITH CIVIL APPLICATION NO.554 OF 2010 H.V.C.Developers ..Appellant V/s. The Chief Engineer & anr. ..Respondents Mr.D.H.Mehta i/b.Mr.Pravin Mehta, Advocate, for the Appellant Mr.Anil Singh i/b.Mr.R.A.Malandkar, Advocate, for MCGM CORAM : R.C.CHAVAN, J. DATE : 16TH AUGUST, 2010 P.C. . Heard both the learned Counsel for the parties. 2. This Appeal is directed against an order dated 9th April, 2010 passed by the learned Judge, City Civil Court, Dindoshi, Mumbai, refusing ad-interim relief to the Appellant. The Appellant came with the case that they have purchased property bearing CTS 2 AO 423-10 No.324 and alleged that on that property, Municipal Authorities are starting construction, demolition and re-construction of toilet blocks. The learned Counsel for the Respondents points out from the Affidavit of one Rajendra Ambadas Ingle that the construction is going on the property bearing CTS Nos.325, 326 & 327 (part) at village Mogra and not on the property bearing CTS No.324. The learned Counsel for the Appellant states that the Appellant has applied for measurement through City Surveyor. If the Appellant can establish that construction is going on his Plot then he could seek its demolition. But since the Municipal Corporation of Greater Mumbai states that the construction is being carried out on the property bearing CTS Nos. 325, 326 & 327, & since the matter pertains to construction of toilet blocks which essentially serve a slum around that property, the learned Trial Judge was right in refusing injunction. As far as the property bearing 3 AO 423-10 CTS No.324 is concerned, it is not being touched by Respondent, there cannot be any restrain on the Municipal Corporation of Greater Mumbai to carry out construction on the property bearing CTS No.325, 326 & 327. 3. Appeal from Order is, therefore, dismissed. 4. In view of dismissal of Appeal from Order, Civil Application No.554 of 2010 does not survive and the same is disposed of. (R.C.CHAVAN, J.)