- 1 - ao1348.10 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1348 OF 2010 with CIVIL APPLICATION NO. 1659 OF 2010 1. Shri Mahadev Narayan Chawan & ors .. Appellants vs 1. The Chairman/Proprietor M/s Awarsekar & Sons Pvt.Ltd & ors.. Respondents Ms.Frahnak Contractor Advocate for Appellants Mr.Sanjay Kadam i.b. M/s Kadam &Co Advocate for Respondent No.1 Ms.K.K.Soran for Respondent Nos. 2 and 3 Mr.P.G.Lad for Respondent No.4 CORAM: J.H.BHATIA, J DATE: 10 th August 2011 P.C. 1. Heard learned counsel for the parties. 2. The Appeal was preferred by the Original Plaintiff against rejection of Notice of motion for interim mandatory injunction directing the Defendant no.1 to re-construct toilet blocks with water hydrant and all basic amenities at the same places which had existed prior to its demolition on the plot C.S. No.200 at G.D.Ambekar Road, Mumbai. 3. The suit was filed by the plaintiffs who claim - 2 - ao1348.10 to be the occupants of the structures in the slum area of Plot No.200. According to them, there was some structures having toilets but, the Defendant no.1, who was allowed to make re-development of abutting the property being plot No.197, unauthorizedly demolished the old structures of toilets and thereby deprived the slum dwellers of all the basic amenities of toilet and water supply. With this contention they filed S.C.Suit No.2124 of 2010 and took out Notice of Motion No.2313 of 2010 for interim mandatory injunction. The Notice of Motion was opposed by defendant no.1 who denied all the allegations and contended that toilet facility is still available. 4. This Court on the last date had directed the Respondent No.2-Municipal Corporation to depute its responsible Officer to visit Plot No.200 at G.D.Ambekar Road, Mumbai and to find out as to how many families are residing in the slum and whether toilet or water supply is made available. The visit was fixed on 6th August,2011 at 11 a.m. and the parties were expected to be present at that time. The report is submitted. It shows that a joint - 3 - ao1348.10 inspection was taken and during the inspection it was found that the slum pocket on Plot being C.S.No. 200 is abutting Plot No.197 and there are in all 118 structures. On at plot, there are 38 toilets and 5 general washing places for providing basic amenities to the slum dwellers. Besides, there are two toilets constructed by the Respondent No.1 on that plot. It shows that in the slum having 118 structures, there are 40 toilets and 5 general washing places. For a slum area, this facility appears to be quite reasonable and sufficient and therefore, no further directions are required. In view of this, I find no fault with the impugned order passed by the trial Court. 5. In the result, Appeal stands dismissed. As the Appeal itself is dismissed, Civil Application No. 1659 of 2010 does not survive and stands disposed of accordingly. J.H.BHATIA, J - 4 - ao1348.10