WP. 4828-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION No. 4828 OF 2011 Municipal Commissioner for Greater Mumbai & Ors. ...Petitioners Vs. Kantilal M. Sanghavi & Ors. ...Respondents *** Mr. Anil Singh a/w Mr. M. Malvankar i/b R. A. Malandkar, for the Petitioner. Mr. Ramesh Jain, for Respondent No.2. *** CORAM: V. M. KANADE J. DATE : AUGUST 8, 2011 P.C. 1. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for respondent No.2. The petitioner Mumbai Municipal Corporation is aggrieved by the order passed by the lower appellate court, who was pleased to fix the interim compensation @ Rs.20,000/- per month, in view of the judgment of the Apex Court, in the case of - M/s. Atma Ram Properties (P) Ltd. Vs. M/s. Federal Motors Pvt. Ltd. [2005(1) SCC 705]. It is submitted by the learned counsel for WP. 4828-11 - 2 - the petitioners that the Municipal Corporation is running a school in the said premises and the rent which paid was @ Rs. 7,000/- per month. It is submitted that the Corporation is not earning any profit but is rendering public utility service, and therefore, this fact ought to have been taken into consideration by the lower appellate court. 2. On the other hand, the learned counsel appearing on behalf of respondent No. 2 submitted that area of the suit premises is 3,200 sq. ft. and it is situated at Bhyculla and therefore, it was submitted that it is not a fit case that this Court should interfere with the impugned order. In my view, there is some substance in the said submission. While exercising limited jurisdiction under Art. 227 of the Court, it will not be possible for this Court to interfere with the said interlocutory order. The civil writ petition is, therefore, dismissed. Hearing of the appeal, however, is expedited. Parties may make a request to the lower appellate court to hear the appeal peremptorily as expeditiously as possible. Respondent No. 2 shall not be permitted to withdraw the amount which is deposited by the petitioner in the lower appellate court. . Civil Writ Petition is disposed of in the aforesaid terms. [ V. M. KANADE J.]