ash 1 54ao-182.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO. 182 OF 2011 Ronald Pascal Miranda. .. Appellant Vs Municipal Corporation of Greater Mumbai. .. Respondent -- Shri P.P. Surve for the Appellant. Shri Vinod Mahadik for the Respondent. -- CORAM ; A.S. OKA, J DATED : 30TH MARCH, 2011 P.C. . Heard learned counsel appearing for the Appellant and the learned counsel appearing for the Respondent. Taken up for final disposal. 2. The Appellant-original Plaintiff has filed a suit for declaration that the action under Section 351 of the Mumbai Municipal Corporation Act, 1888 is illegal and for perpetual injunction. By the impugned order, the prayer for grant of ad-interim injunction on the Notice of Motion taken out by the Appellant has been rejected. 3. Perhaps, a submission appears to have been made before the Trial Court that the compliance has not been made with the judgment of the Division Bench of this Court in the case of Sopan Maruti Thopte v. Pune Municipal Corporation, [1996(2) All MR 3 ]. The learned Judge merely ash 2 54ao-182.11 observed that the Appellant has not made out a strong prima facie case. 4. Learned counsel appearing for the Respondent submitted that unauthorised construction carried out by the Appellant was demolished and the same was re-erected. Perusal of the impugned order shows that even prima facie finding on this aspect has not been recorded. 5. Therefore, this is a fit case where the Appellant will have to be protected till the disposal of the Notice of Motion. 6. Hence, the Appeal is disposed of by passing the following order. ORDER : (a) The impugned order is quashed and set aside. (b) Hearing of the Notice of Motion is expedited. (c) Till the disposal of the Notice of Motion, both the parties will maintain status quo as of today in respect of the disputed structure. (d) All contentions of the parties on merits on the Notice of Motion are kept open. ash 3 54ao-182.11 (e) The Appeal is partly allowed on above terms with no orders as to costs. (f) Civil Application No.280 of 2011 does not survive and the same are disposed of. ( A.S. OKA, J )