1 sg IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.975 OF 2011 WITH CIVIL APPLICATION NO.1296 OF 2011 Siddique Mustaq Ahmed Wali Mohammed ... Appellant Versus The Municipal Corporation of Gr. Mumbai ... Respondents Mr. Manoj P. Mhatre Advocate or the appellant. Ms. K.K. Soran for MMC. CORAM : SMT. ROSHAN DALVI, J. DATED : 02ND SEPTEMBER, 2011. P.C. The appeal is filed against an order refusing ad-interim injunction. It is in respect of a loft which is for placing a water tank only. It is in the common passage of the building. The loft is stated to be in existence since prior to the policy of the defendants. The photograph of the loft does not show that it is a new construction. Counsel on behalf of the MMC states that the policy of protection of lofts of 15th August 1997 excludes lofts in a common passage and is only for lofts in the tenanted or occupied premises. 2 This aspect shall have to be considered in the notice of motion. Hence, pending that consideration, the loft shall not be demolished. A.O. is disposed of accordingly. C.A. is disposed of as infructuous. Both parties shall have liberty to file their additional affidavits if required in the Trial Court. (SMT. ROSHAN DALVI, J.)