(AO 659 of 2011 with CAA 887 of 2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.659 OF 2011 WITH CIVIL APPLICATION NO. 887 OF 2011 K.Ashok Rai ...Appellant Vs. Mumbai Municipal Corporation of Greater Bombay and Anr. ...Respondents ----- Mr.Kunal Bhanage for Appellant Mrs.K.K. Soran for Respondent No.1-BMC ----- CORAM: V.M. KANADE J. DATED: 22nd June, 2011 P.C. 1. The Appellant is the Original Plaintiff and the Respondents are the Original Defendants. The Respondent No.1 is the Municipal Corporation for Greater Mumbai. 2. The Plaintiff is aggrieved by the order passed by the City Civil Court refusing to grant him ad-interim relief in the Notice of Motion filed by him. A stop work notice was issued by the Respondent No.1-Corporation under section 354 (A) of the (AO 659 of 2011 with CAA 887 of 2011) Mumbai Municipal Corporation Act asking the Plaintiff to stop construction of the three rooms and also directing him to produce the relevant documents within 24 hours. In the notice, it was also stated that in the event the relevant documents asked by the Corporation are not produced, the said three rooms would be demolished. According to the Plaintiff, before he could produce the relevant documents, the Corporation made an attempt to demolish the structure and therefore, he was constrained to file a suit. 3. The learned counsel for the Appellant submitted that he has taken the land along with the premises by a registered lease deed which was executed in 2004. He has also invited my attention to the other documents which are annexed to the compilation. 4. In my view, it would be appropriate if the Plaintiff is permitted to produce the documents on which he is relying before the Assistant Commissioner, ‘S’ Ward within one week from today and the Commissioner passes an order after going through the said documents. The Appellant undertakes not to carry out any further construction. The Corporation, however, shall depute an officer and take photographs of the said construction. Till that time, however, the Corporation shall not demolish the disputed structure. (AO 659 of 2011 with CAA 887 of 2011) 5. With these directions, the Appeal from Order is disposed of. After the orders are passed by the Assistant Commissioner-’S’ Ward, iberty is granted to the Appellant to apply before the Trial Court for ad-interim relief, if required. Civil Application does not survive and is also disposed of. (V.M. KANADE J.)