1 59 ao.391.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 391 OF 2011 Seema Bhagwatilal Ranka alais Jain. ... Appellant Versus The Municipal Corporation of Greater Mumbai. ... Respondent ----- Mr. Anil Shah i/b Mr.L.S.Shukla for the Appellant. Mrs. K.K.Soraan for the Respondent – BMC. ----- CORAM : A.S.OKA, J. DATE : 02 nd May, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 By the impugned order, ad-interim relief of injunction has been declined by the learned Judge of the City Civil Court. One of the contentions raised by he Appellant is that the structure was in existence before the datum line prescribed for commercial structure. The Appellant is relying upon assessment record of the Respondent – Corporation, which prima-facie shows existence of the structure atleast from 1964. Therefore, this was a case where ad-interim relief could not have been declined when there is an order of demolition passed against the 2 59 ao.391.11 Appellant. 3 It is not necessary to record detailed reasons as the notice of motion is pending. 4 Hence, I pass the following order: i. The impugned order is quashed and set aside ; ii. The parties are directed to maintain status-quo in all respects as of today, in respect of the disputed structure till the disposal of the notice of motion ; iii. All contentions of the parties on merits of the notice of motion are kept open and the same will be decided on its own merits ; iv. Civil Application No. 549 of 2011 does not survive and the same is disposed of. [ A.S.OKA, J ]