1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 934 OF 2008 (for condonation of delay) IN APPEAL FROM ORDER (ST) NO. 18385 OF 2008 __________________________________________________________________ Office Notes, Office Memoranda of Coram, apperances, Court' s orders or Court's or Judge's orders directions and Registrar's orders Mr.Rajesh Patil, adv.for appelllants. Ms.Geeta Joglekar, adv. For BMC/ respondents. Coram: Smt.R.P.SondurBaldota, J. Dated : 5 th August, 2008. P.C. : 1. For the reasons stated in the Civil Application, the delay is condoned. 2. Mr.Patil prays for ad-interim reliefs for protection of the disputed structure. The trial court has rejected 2 the application observing that the issue involved was directly and substantially involved in L.C.Suit No.3828 of 1999, which has been dismissed after holding a full fledged trial. No fault can be found with the observations of the trial court. Mr.Patil makes a statement that he will move an application in the First Appeal filed by the appellant to challenge the judgment and decree in L.C. Suit No.3829 of 1999. Considering the fact that the alleged unauthorised construction carried out by the appellant is of toilet in his flat, the same is required to be protected for a limited period to enable the appellant to move an application in the First Appeal. The respondent shall not take any action of demolition 3 in respect of the disputed structure for a period of 4 weeks from today. 3. The appeal to come up for admission on 4th September, 2008. (JUDGE)