IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION A.O. No.451/2008 M/s Prabhadevi Paper Mart .. Petitioner Vs. The Municipal Commissioner and others Respondent Shri.Sanjeev Punalekar with Shri.Ashish S.Naik for the petitioner Shri.D.H.Mehta,Sr.Counsel with Shri.Anil A.Rao for Res.no.2 Mrs.Geeta Jogalekar for respondent no.1 CORAM :S.J.Vazifdar,J. Date :10th June,2008 P.C. 1] Admit. Heard finally.I do not suggest that the impugned order or the impugned order in the suit are ex-facie incorrect . However, considering the documents produced by each of the appellants it is difficult to state at this stage that there was 2 absolutely no structure in existence prior to the relevant date . In other words it is difficult to state at this stage that there is nothing to be considered at the hearing of the notice of motion. 2] In the circumstances the impugned order is set aside . All the parties including the appellants shall maintain the status quo in respect of the suit structure in every respect . The appellants are put to notice that if they desire to rely upon any documents they must take steps prior to the hearing of the notice of motion itself. Considering the nature of this particular matter the learned trial Judge is requested to dispose of the motion expeditiously. Needless to add that the learned Judge will decide the matter totally uninfluenced by what is stated in this order.