: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.76 OF 2008 WITH CIVIL APPLICATION NO.89 OF 2008 IN NOTICE OF MOTION NO.3196 OF 2006 IN L.C.SUIT NO.3486 OF 2005 Abdul Khalid Bashir Ali ....Appellant V/s. Municipal Corpn.of Gr.Mumbai & Ors. ....Respondents Mr.Dinesh C. Shah for the Appellant. Mrs.Geeta Joglekar for Respondent No.1. Mr.A.S. Vraizee with Mr.M.V. Singh i/b M/s.Vraizee & Law Associates for Respondent No.2. CORAM : S.J. VAZIFDAR, J. DATED : 6TH MAY, 2008. P.C. : 1. It is quite possible that the Appellant is a innocent victim having purchased the suit structure where ultimately it may be found that he had no rights. 2. It is not possible to interfere with the impugned order on the record as it stands and considering the submissions that have been advanced thus far. One thing appears to be clear at this stage : 2 : and that is that the structure was not in existence prior to 1986. This appears to be so from the plan at page 31-B. The structure has been shown in the records only in the year 1989. 3. Further the structure was demolished and the Appellant reconstructed the same without permission. That is the explanation for part of the structure being still in existence as on date. No policy has been relied upon before the trial Court which would indicate a right in favour of the Appellant atleast to retain the structure. Further this would hamper the project undertaken by the second Respondent, Trust namely M/s.Saifee Foundation Trust of a municipal market and a building adjoining thereto. It is however made clear that neither the impugned order nor this order prevents the Appellant from making an application for alternate accommodation or accommodation in lieu of the structure if the Appellant is otherwise entitled to it in law. Such application would be considered on its own merits. 4. It is agreed between the parties that all of them will maintain status-quo in respect of the suit structure till 15.6.2008. : 3 : 5. The Appeal from Order is accordingly disposed of. The Civil Application is also disposed of.