1 62 fa.1519.11 anr ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1519 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.M.Saraogi for the Appellant. Mr. Vinod Mahadik for the Respondent. CORAM : A.S.OKA, J. DATE : 18 th August, 2011. P.C. . Admit. Printing is dispensed with. The learned counsel appearing for the Respondent waives service. 2 Requisite number of copies of private paper- books including the copies for the Respondent/s shall be filed by the Appellant/s within a period of one year from today. If compliance is not made within stipulated time, the appeal shall stand dismissed for want of prosecution without further reference to the Court. [ A.S.OKA, J ] 2 62 fa.1519.11 anr ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3112 OF 2011 IN FIRST APPEAL NO. 1519 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.M.Saraogi for the Appellant. Mr. Vinod Mahadik for the Respondent. CORAM : A.S.OKA, J. DATE : 18 th August, 2011. P.C. . Heard the learned counsel appearing for the parties. 2 The appeal has been admitted for final hearing and therefore, a limited interim relief deserves to be granted. 3 Hence, the application is disposed of by passing the following order: i. The Respondent – Corporation is restrained by order of temporary injunction from taking any action of demolition on the basis of the notice dated 17 th November, 2007 under 3 62 fa.1519.11 anr Section 354 (A) of the Mumbai Municipal Corporation Act, 1888 and the notice dated 1 st January, 2008 under Section 488 of the said Act till the final disposal of the appeal ; and ii. Notwithstanding the grant of this interim relief, it will be open for the Respondent – Corporation to take action of demolition under Section 351 of the said Act in respect of the suit structure. [ A.S.OKA, J ]