1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 734 OF 2009 WITH C.A.NO.912 OF 2009 Mr. Raju Poojari and anr. ..Appellant. Vs. The Mun. Corporation of Gr. Mumbai. ..Respondent. Mr. J.S.Shah for the Appellant. Mrs.Soraan for the Respondent-BMC. CORAM : R.S. MOHITE, J. DATE : 16th Sept.2009. PC: 1 Heard both sides. Admit. 2 By consent, matter is taken up for final hearing. 3 The present appeal impugns an order dated 3.7.2009 passed by the City Civil Court rejecting the ad interim relief. The plaintiff had filed a suit against the B.M.C. impugning an order dated 12.2.2007. The said order is an order passed under Section 314 of the B.M.C. Act and called upon the plaintiffs to remove the part of the structure admeasuring 21.4-sq. mtrs. on the footing that it 2 is falling within the road line. On seeing the show cause notice dated 2.12.208, it is seen that the dimention of the structure is shown as 2.90x6.70x3.90sq.mtrs. In the final order, it is seen that, there is a reduction in the area and there is no specification as to which part of the structure comes under the road line. Prima facie show cause notice appears to have been issued without effecting prior measurements. It is the case of the plaintiffs that the structure is situated on private land. In the circumstances, appeal is allowed. Pending disposal of the suit, the defendant-respondent shall maintain Status quo as of today. It is further made clear that the plaintiffs are not entitled to make any additions, alternations of the existing structure without the prior permission of the B.M.C. CIVIL APPLICATION NO.912 OF 2009 1 As the main appeal is allowed, civil application does not survive and the same is disposed off. (R.S. MOHITE, J.)