1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1170 OF 2009 Avadesh Rajnarayan Singh ... Appellant v/s The Municipal Corporation of Greater Mumbai ... Respondent ALONG WITH APPEAL FROM ORDER NO. 1171 OF 2009 Pankaj Dhanraj Jain ... Appellant v/s The Municipal Corporation of Greater Mumbai ... Respondent AND APPEAL FROM ORDER NO. 1172 OF 2009 Rakesh Babulal Tibarewala ... Appellant v/s The Municipal Corporation of Greater Mumbai ... Respondent Mr.R.A.Thorat i/by Mr.R.S.Tripathi & V.K.Gupta for the appellants in all matters. Smt.K.K.Soraan for the B.M.C. In all matters. CORAM: SMT.NISHITA MHATRE, J. DATED: 23RD NOVEMBER, 2009 2 P.C.: 1. These appeals have been preferred against the orders of the Trial Court refusing ad-interim relief. Those orders are passed in the respective notices of motion filed in the suits challenging the notices issued under Section 351 of the Mumbai Municipal Corporation Act. The notices specify the unauthorized construction of 1st floor with brick wall, ladi coba and A.C. sheet roof. The learned Judge while passing the orders has observed prima facie that there is no existence of first floor over the gala which is apparent from the agreements on record. Therefore, in my view, ad-interim relief should have followed. 2. Accordingly, the appeals from order are disposed of by granting the appellant ad-interim relief as prayed for. 3. The notices of motion will be heard and disposed of on merits. The fact that the ad-interim relief has been granted by this Court does not reflect on the merits of the notices of motion. 4. The parties to file their written statement and reply to the notices of motion within four weeks from today. 3 5. In view of dismissal of appeals from order, civil applications Nos.1451 of 2009, 1452 of 2009 and 1453 of 2009 filed in the respective appeals from order, also stand dismissed. ..... 4