1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.648 OF 2009 IN NOTICE OF MOTION NO.84 OF 2009 IN L.C.SUIT NO.9 OF 2007 Mrs. Pushpalata Narayan Bhatkar & Anr. ..Appellants V/s. The Municipal Corporation of Greater Mumbai ..Respondents. ---- Mr. Satish Mishra i/by A.M.Saraogi for the appellants. Mrs. K.K.Soraan for the respondent/BMC. ---- Coram : R.S.MOHITE,J Date : 6th August, 2009. PC 1 Heard both sides. It appears to be the admitted position in this case that alleged unauthorised structure which was a temple was demolished though the City Civil Court had passed an order of status-quo. The order of status-quo was passed on 29.12.2007 and during its subsistence, structure was demolished on 25.2.2008. In my view, the appellants should be permitted to rebuild the structure at their own cost. It is made clear that rebuilding of structure will be at their own risk and will not confer any equity in their favour and if ultimately the structure is found to be illegal, then the Corporation will be at liberty to take steps to remove the same in accordance with law. Advocate for the 2 appellants states that appellant will complete the reconstruction at theirs own risk and without the approval of any equities in their favour, within a period of three weeks from today. It is made clear that if they want to raise the same, they will erect within three weeks and under any circumstances, no further time will be given. No construction will be carried out after the period of three weeks. Appeal from Order stands disposed off accordingly. 2 Learned Counsel for the Corporation states that in case action is taken against the unauthorised structure, they will not demolish the structure unless the said action is completed. In view of the statement made on behalf of the Corporation, which is accepted, Advocate for the appellants states that he will withdraw the suit with liberty to take appropriate proceedings in law in case fresh order of demolition is passed. Suit therefore, stands dismissed as withdrawn. City Civil Court to pass a formal order in that regard. (R.S.MOHITE,J) 3