1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1326 OF 2010 IN NOTICE OF MOTION NO.2578 OF 2010 FROM B.C.C.C. L.C.SUIT NO.2082 OF 2010 Mr.Sayed Ziaul Hasan Zaidi .....Appellant versus Dy.Collector (Enc.) ..... Respondents ---- Mr.J.N.Jayale for the appellant. Mr.Hitendra J.Dedhia for respondents. ---- CORAM: MRS.MRIDULA BHATKAR, J. DATE: 5th SEPTEMBER, 2011 P.C. Heard finally at the stage of admission. 1. This appeal is filed against the order dated 12.10.2010 in Notice of Motion. The Suit No.2082 of 2010 was filed by the plaintiffs against the respondent-Collector that he should not demolish his structure without due process of law. The suit was filed in September-2010. The City Civil Court refused to protect the structure by its order dated 12.10.2010. It is submitted by the learned Counsel for the 2 appellant that the structure is still standing and therefore, if at all, respondents want to take any action against the structure, they should follow due process of law. Learned Counsel for the respondents submits that the structure is already demolished and in support of his submission, he relies on panchanama dated 30.7.2010. Learned Counsel for the appellant while meeting this panchanama, submits that the panchanama does not disclose the description of the suit property and therefore, it is not correct to hold that the properties which were demolished under the said panchanama includes the suit property. 2. The original plaintiff i.e appellant has to show that when the suit was filed, his structure was standing on that particular date. In absence of such documentary evidence no order of following due process of law can be granted. The trial Judge has considered all other relevant aspects and has rightly refused interim relief. Hence, Appeal from order is dismissed. ( MRS.MRIDULA BHATKAR, J. ) 3