IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER No. 730 of 2006 Iqbal Pasha Mouddin Sharif .. Appellant versus The Municipal Corporation of Gr.Bombay .. Respondent ... Mr.Amit Shastri for the appellant. Mrs.Geeta Jogalekar for the respondent. CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J DATED : 6th November 2006 DATED : 6th November 2006 DATED : 6th November 2006 P.C.: P.C.: P.C.: 1. Heard learned counsel for the parties. 2. This appeal is directed against an order refusing to grant ex-parte injunction. Rule 3 of Order 39 of the Code of Civil Procedure requires the Court to issue notice before granting an injunction. Proviso to the rule however permits the court to grant injunction without giving of a notice for the reasons to be recorded in writing. In the present case, the Court has followed the normal rule of issuance of a notice before granting of an injunction. I do not see any reason for interfering in the discretion exercised by the trial court in refusing to grant injunction without notice especially because there is no evidence that the suit structure is an authorised structure. 3. In the circumstances, the appeal is dismissed summarily. (D.G. KARNIK, J) (D.G. KARNIK, J) (D.G. KARNIK, J)