1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE APPEAL NO.793 OF 2004 IN NOTICE OF MOTION NO.3618 OF 2004 IN SUIT NO.3544 OF 2004 1. Ashfaque Ul Haque Khan & anr. Appellants vs. 1. Brihanmumbai Municipal Corporation & anr. Respondents Mr.V.S.Kotwal, senior counsel with Ms.M.V.Thakkar i/b. M/s.Gordhandas & Fozdar for the appellants. Mr.Vinod Mahadik for the respondent no.1. CORAM : R. M. LODHA & J.P. DEVADHAR,JJ. DATED : 16th December 2004 P.C. Heard Mr.V.S.Kotwal, the learned senior counsel for the appellant and perused the order dated 2nd December 2004 passed by the learned motion Judge. 2. The learned motion Judge has considered the available material at quite some length and reached the prima facie finding that the construction of the subject premises was made after the year 1996. The prima facie finding is supported by the reasons and the consideration of the matter does not suffer from any legal infirmity warranting interference by us in appeal. 2 3. Dismissed in limine. 4. Oral prayer for stay is rejected. (R.M. (R.M. (R.M. LODHA,J.) LODHA,J.) LODHA,J.) (J.P. (J.P. (J.P. DEVADHAR,J.) DEVADHAR,J.) DEVADHAR,J.)