1 caf4328 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUATION SHEET CIVIL APPLICATION NO.4328 OF 2011 IN FIRST APPEAL NO.400 OF 2000 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court's Court's or orders or directions Judge's orders & Registrar's orders. ............................................................. Mr.L.M.Acharya i/b Mr.Sathyam Acharya for the Applicant Mr.Vinod Mahadik for the respondent-BMC CORAM: A.S.OKA,J. DATE : OCTOBER 13,2011 P.C.: . Not on board. Taken on board. 1 Heard learned counsel for the applicant. The learned counsel for the applicant states that notice has been served to the respondent nos.2 and 3. 2 Appeal was admitted way back on 21st March 2000. Ad-interim relief of stay of execution of the decree was granted on the same date which remained operative till 26th September 2011. 2 caf4328 3 Perhaps in stead of applying for temporary injunction, a prayer was made for grant of stay. The parties have understood the said order for last eleven years to mean that the first respondent had been restrained from demolishing the suit structure. 4 Hence, injunction as prayed for deserves to be granted. Hence, the application is disposed of by passing the following order : . Till the disposal of the appeal, the first respondent is restrained from demolishing the suit structure on the basis of the notice under section 351 of the Mumbai Municipal Corporation Act,1888 and order passed thereon which are subject matter of challenge in the suit subject to condition that even the applicant will maintain status quo as of today in respect of the suit structure. There will be no order as to costs. JUDGE