vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.480 OF 2008 APPEAL FROM ORDER NO.480 OF 2008 APPEAL FROM ORDER NO.480 OF 2008 Ashish B. Parmar & Ors. ... Appellants V/s. Bombay Municipal Corporation ... Respondent Mr.P.A. Thorat for Appellants Mr.Geeta Joglekar for Respondent CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: JULY 22, 2008 JULY 22, 2008 JULY 22, 2008 P.C.: P.C.: P.C.: . The appellants have approached this court against an ad-interim order passed by the Bombay City Civil Court, Dindoshi Borivali Division, Mumbai. The plaintiffs, that is the appellants herein, have challenged the notice issued in respect of the unauthorised construction of the 3rd floor of the suit structure. This notice was issued u/s 351 of the Mumbai Municipal Corporation Act. 2. In reply to the notice, the appellant had produced photocopies of the assessment bills received by him issued by the Corporation. However, by an order dated 15.12.2007, the Assistant Commissioner P-North Ward has directed the appellants to remove the offending structure. : 2 : 3. The trial Court at the ad-interim stage itself has directed removal of the structure. In my opinion, the trial Court ought to have protected the structure at least till a reply was filed by the Corporation indicating the illegality of the structure. 4. In these circumstances, the appeal is disposed of with the following order: i) The Corporation shall file their reply to the Motion in Writ Petition No.847 of 2008 within two weeks from today. Rejoinder, if any, shall be filed within a week thereafter. ii) The trial Court will dispose of the Motion finally within four weeks thereafter. Till such time, the suit structure will not be demolished. 5. This order however, does not create any equities in favour of the appellant.