1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.655 OF 2011 WITH CIVIL APPLICATION NO.884 OF 2011 The M.C.G.M. ...Appellant. v. Kundapur N. Mahabal Shet ...Respondents. Ms K.K.Soran ,adv. For the Appellant. Mr. R.M.Narula i/by S.M.Khaire, advs. For the Respondent No.1. CORAM : J.H. BHATIA, J. DATED : JULY 15, 2011. P.C. 1 Heard the learned counsel for the parties. It appears that on a complaint made by one Mohamed Gheewala with copy of the alleged approved plan dated 28.10.1997 with the allegation that the plaintiff was using the meter room of the society as jewellery workshop, the Municipal Corporation issued notice under Section 351 and passed an order. That was challenged by the plaintiff in the suit and he also claimed temporary injunction by filing notice of motion. The trial court after hearing the parties allowed the notice of motion and granted temporary injunction pending the suit. That order is challenged in the present appeal. 2 On perusal of the documents produced by the plaintiff, it 2 appears that he is in possession of the shop no.216 situated between two lifts on 2nd floor as owner of that shop and a member of the Co- operative Housing Society. According to him, meter room is behind the lift no.3 and not between lift nos. 3 and 4. Plaintiff appears to be in possession of the suit property since 1980 and running business. There is nothing to show that the concerned officer of the Municipal Corporation had verified record of the Corporation or record of the society about the approved plan before coming to conclusion that the meter room was converted into office or shop. He appears to have relied on a copy of the map produced by the complainant Mohamed Gheewala. It is not clear what concern that Mohamed Gheewala had with this property and the fact that plaintiff is in occupation of the same and running business for the last about 30 years, I do not find any fault with the impugned order of temporary injunction. 3 In view of the above, appeal and the application stand dismissed. (J.H. BHATIA,J.)