1 ao426 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO.426 OF 2010 Ashley D Souza ...Appellant vs. Municipal Corporation of Greater Bombay & Anr. ...Respondents Mr.Jagdish Jayale for the appellant Ms K.K.Soraan for the respondent no.1 Mr.A.R.Patil,for respondent no.2 CORAM : A.S.OKA,J. DATE : MARCH 4,2011 P.C.: 1 On 18 th February 2011, an affidavit has been filed by the Sub Engineer of the respondent-corporation stating that the suit structure has been demolished. Photographs have been annexed to the affidavit showing demolition. On the last date, time was granted to the learned counsel for the appellant to take instructions. The learned counsel for the appellant states that though he sought instructions from the appellant, he has not responded. 2 Hence, statements made in the affidavit filed by the respondent will have to be accepted. By the impugned order, ad-interim relief of injunction has been refused. In view of the statements made in the affidavit of the respondent, no case is made out for interference. 3 Appeal is dismissed. Civil application no. 557 of 2010 does not survive and the same is disposed of. JUDGE