IN THE HIGH COURT OF JUDICATURE AT BOMBAY VPH CIVIL APPELLATE JURISDICTION FIRST APPEAL No. 83 OF 2009 Shivanand Damodar Shanhag ... Appellant Vs The Mun. Corpn. of Gr. Bombay ... Respondent Mr. P. S. Dani i/b Kiran Jain & Co. for the Appellant. Mr. J. J. Xavier, for the Respondent. CORAM: A. P. DESHPANDE, J. DATED: FEBRUARY 3, 2009. P.C.: ---- . After hearing the learned counsel for the parties for quite some time, the learned counsels are in agreement that the impugned order be set aside and the matter be remitted to the trial Court only with a view to afford an opportunity to the appellant to lead evidence to prove the original cadestral survey sheet/plan of the year 1958. It is now an admitted position that the said document is in custody of the Governemnt, as the cadestral survey was carried out by the State Government and not by the Corporation. However, on an application moved by the appellant herein, the City Civil Court had directed the Corporation to produce the said document though not in its custody. The assessment extract record is not necessary to be produced, in view of the documents on record of the trial Court; so also in view of the evidence of the appellant. The concession is made - 2 - available by the learned counsel for the appellant on instruction from his client, who is present in the Court, and the instructing counsel. The said document is relevent, as according to the appellant, the cadestral survey sheet/plan indicates that the unauthorized structure i.e. the shade in question is shown in red dotted ink in the original plan, whereas the authorized structures are shown in black ink. The learned counsel for the Corporation as well as the appellant made a joint prayer that the impugned judgment and decree passed by the Court below be quashed and set aside and the matter be remanded to the trial Court, with liberty to the parties to lead the evidence, touching the cadestral survey sheet/plan of the year 1958 which is in the custody of the State Government. The trial Court shall permit the parties to lead evidence and thereafter decide the suit in accordance with law. I hope and trust that an endeavour shall be made by the trial Court to decide the suit expeditously and preferrably within a period of six months from today. Both the parties shall appear before the trial Court on 26th February, 2009. Parties to act upon authenticated copy of this order. 2. The parties shall maintain status-quo in regard to the disputed property till decision of the suit. - 3 - Sd/- [ A. P. DESHPANDE, J.]