1 70-caf.3644.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3644 OF 2011 IN FIRST APPEAL NO. 1689 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. A.S.Khatib i/b M/s. A.S.Khatib and R.S.Khatib for the Applicant. Mr. Vinod Mahadik for the Respondent/ BMC. CORAM : A.S.OKA, J. DATE : 13 th September, 2011. P.C. . Heard the learned counsel appearing for the parties. 2 The learned counsel appearing for the Applicant is seeking interim relief confined to mezanine floor mentioned in notice dated 17 th April, 2002 issued under Section 354-A of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as the said Act). A limited interim relief deserves to be granted. 3 Hence, the application is disposed of by passing 2 70-caf.3644.11 the following order: “Till the disposal of the appeal, the Respondent is restrained from demolishing the mezanine floor on the basis of the notice dated 17 th April, 2002. However, this order will not prevent the Respondent – Corporation from initiating action under Section 351 of the said Act.” [ A.S.OKA, J ]