.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5174 OF 2008 IN FIRST APPEAL NO. 1972 OF 2008 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr.S.J. Ghogare for the applicant. Mr.J.J. Xavier for the respondent. CORAM : D.G. KARNIK, J. DATE : 11TH DECEMBER 2008 P.C. P.C. P.C. : 1. Heard both sides. Perused the affidavits. 2. By this application, the applicant-appellant prays for an injunction restraining the respondent from removing the applicant and/or obstructing the occupation of the suit land. 3. The applicant had erected an unauthorised structure. The structure was demolished by the respondent Municipal Corporation on 16th January 2004. On 19th January 2004, after the structure was - 2 - demolished, the appellant filed a suit for injunction restraining the respondent from demolishing the suit structure. The applicant did not disclose in the suit that the structure was already demolished and sought an injunction. After hearing the parties, the suit has been dismissed. The applicant has filed the present appeal against the said decision. Now an injunction is sought restraining the respondent from removing the applicant from the land and use of the land wherein the old structure existed. 4. Learned counsel for the respondent Municipal Corporation pointed out that the structure has been re-erected by the applicant recently. He invited my attention to the affidavit of Mr.Sandeep Sawant, Sub-Engineer (Maintenance) of the respondent and also photographs at Exhibit-B annexed to the affidavit. They clearly show that the structure has been re-erected. No permission was obtained for re-erection which is clearly illegal and made during the pendency of legal proceedings. - 3 - 5. Learned counsel for the applicant, however, submitted that the structure has not been re-erected and invited my attention to the photograph at Exhibit-A to the affidavit of the applicant dated 3rd December 2008. There is nothing on record to show when the photograph was taken. It appears that the photograph was taken after the structure was initially demolished and before the re-erection thereof. The affidavit dated 17th November 2008 of Mr.Sandeep Sawant and the photographs annexed thereto which bear the date as 16.08.2008 as the date of taking the photographs, clearly disclose that the structure has been re-erected. No permission of the court was taken for re-erection of the structure which was previously demolished. Re-erection has been made during the pendency of the legal proceedings. In the circumstances, the applicant is not entitled to any protection. 6. For these reasons, the civil application is rejected. - 4 - (D.G. KARNIK, J.)