1 AO-710-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.710 OF 2011 WITH CIVIL APPLICATION NO. 958 OF 2011 IN NOTICE OF MOTION NO. 1516 OF 2011 IN LONG CAUSE UIT NO. 1205 OF 2011 Pushpa Bansilal Wadhwa & Anr. .. Appellants (Orig. plaintiffs) Vs. Municipal Corporation of Gr.Bombay. .. Respondents (Orig. defendants) Shri G.R.Mishra,Advocate for the appellants. Mrs.K.K.Soraan,Advocate, for the respondents CORAM: J.H.BHATIA,J. DATE : 13th July, 2011. P.C. 1. Heard the learned Counsel for the parties. 2. The original plaintiffs have filed this Appeal against refusal of ad- interim injunction pending the Notice of Motion in Suit No.1205 of 2011 filed by them challenging the notice issued by the Municipal Corporation under Section 351. On perusal of the record, prima facie, it appears that the plaintiffs are in occupation of the suit room as tenant of M/s.Ramkumar Jalan Public Charitable 2 AO-710-11.sxw Trust. Some part of the property was destroyed in a fire accident which took place in the year 1996 and after that the present plaintiffs had undertaken certain repairs. The landlord had filed Suit No.2690 of 1997 in which they had contended that the plaintiffs were illegally making new construction. The Notice of Motion taken out by the original landlord was dismissed. The Court had noted that according to the landlord, the original height of the shed which was given on lease was 50 feet. It included ground + mezzanine or first floor. The exceptional height was because the shed was used as a film studio. As per the impugned notice also, the total height of the structure appears to be 50' - 6". It includes ground and first floor or the mezzanine floor. It appears that notice has been issued on a complaint of one Ajay Vishwakarma, who is not concerned with the property in any manner. Taking into consideration all this material, some interim protection should have been given to the plaintiffs, at least till the Municipal Authorities filed reply to the Notice of Motion. 3. In view of the above, the Appeal is allowed. The impugned order is set aside. The respondents are directed to maintain status quo in respect of the suit property till the decision of the Notice of Motion. The defendants/respondents shall file reply and/or written statement within six weeks and the trial Court shall decide the same within eight weeks thereafter. 3 AO-710-11.sxw 4. As the Appeal itself is disposed of, the C.A. does not survive and stands disposed of accordingly. (J.H.BHATIA,J.)