: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (STAMP) NO.28839 OF 2009 M/s.In & Out Advertising Pvt. Ltd. ... Appellant V/s. M/s.All India Balkanji Bari & Ors. ... Respondents Mr.Navin Parekh for Appellant Mr.S. Purohit with Manish Doshi for Respondent No.1 CORAM: SMT.NISHITA MHATRE, J. DATED: DECEMBER 9, 2009 P.C.: 1. The appeal arises from the order passed on 31.10.2009 in Notice of Motion at Exhibit 2 in L.C. Suit No.1662 of 2000. The Notice of Motion has been dismissed and the order granting status quo to the appellant has been vacated. 2. The grievance of the appellant is that the trial Court has dismissed the Notice of Motion when all that was sought by the appellant was that, the hoardings which have been installed by the appellant in 2001 on the land which according to Respondent No.3 belongs to them, should not be defaced or removed without following due process of law. It is submitted that although documents were brought on record indicating that the State i.e. the Respondent No.4 had directed Respondent No.1 to pay additional taxes to the tune of Rs.8 lakhs, the trial Court has not considered this fact. It is submitted that the appellants had in fact paid this amount on : 2 : behalf of Respondent No.1 and that amount had been accepted by the State. It is also contended that the State which is the owner of the land has not sought removal of the suit structure i.e. the hoardings. 3. After hearing the learned Counsel for the parties, in my opinion, the trial court has erred in refusing the interim relief sought by the appellant. The prayer in the Motion reads as under: a) Pending the hearing and the final disposal of the suit for a temporary order and injunction of this Hon’ble Court thereby restraining the Defendants, their servants, agents, office bearers and/or anybody claiming through or under them from acting consequent to threats issued vide the letters dated 7/5/2008, 13/7/2008 or 7/8/2008 and/or dispossessing the Plaintiffs from the land whereon the suithoardings is erected viz. in the presumed Compound of Defendants no.1 situated at 25, Juhu Road, Santacruz (West), Mumbai 400 054 and/or removing the same and/or preventing the Plaintiffs or their workmen, employees and staff from gaining access to the suit hoardings or in any manner preventing, obstructing, defacing of interfering with the display of advertisements from the suit hoardings in any manner whatsoever and in any event without following the due process of law;” 4. Therefore, all that the appellant has sought is that the respondents should not take law into their own hands for removal of the advertisement hoardings from the site and that they should follow due process of law. 5. In these circumstances, the impugned order is set aside. Appeal from Order is allowed. Notice of Motion is made absolute in terms of prayer clause (a). 6. In view of the disposal of the Appeal from Order, Civil application No.1522 of 2009 does not survive and the same is disposed of accordingly.