1 27000.11-ao(st) IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. APPEAL FROM ORDER (ST.) NO. 27000 OF 2011 Yunus Chunawala. ... Appellant. V/s. M/s.Chandiwala Enterprises and others. ... Respondents. C.K.Tripathi for the appellant. R.A.Thorat with P.J.Thorat for respondent No.1. CORAM: R.M.BORDE, J. DATED : 17th October 2011. P.C. : The order passed by the trial Court refusing to grant ad- interim relief is a subject matter of challenge in this appeal from order. The plaintiff has claimed his entitlement in respect of hut admeasuring 20’ x 80’ ft. The photopass which the plaintiff has tendered shows area of 22’ x 28’ ft. whereas the Annexure-II prepared by the State Government on the basis of survey shows area in possession of the appellant to the extent of 8 ft. x 7 ft. 6 inches. The Annexure-II is prepared on the basis of actual survey and the plaintiff is entitled to protection in respect of the structure which is in his possession legally. Plaintiff is, thus, entitled to secure possession and seek protection only for an area of 8 ft. x 7 ft. 6 inch. The counsel for respondent No.1, on instructions, states that interest of the appellant/ plaintiff would be 2 27000.11-ao(st) protected so far as area shown in Annexure-II. In view of the statement made by counsel appearing for respondent No.1, on instruction, appeal from order stands disposed of. In view disposal of appeal from order, pending civil application does not survive and stands disposed of accordingly. (R.M.BORDE, J.)