spb/- 1 28-10-ao1286-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION APPEAL FROM ORDER NO. 1286 OF 2010 WITH C.A. NO. 1584 OF 2010 IN A.O.NO.1286 /2010 Shri Jagat Narayan Motilal Rajbhar ... Appellant. Vs. Municipal Corporation of Gr. Mumbai ... Respondents. --- Mr. R.R. Tiwari for the Appellant. Smt. K.K. Soraan for the Respondent-MCGM. Mr.Brarin Bhatia for the Caveator is present in the court. ----- CORAM : J. H. BHATIA, J. DATE : 28TH OCTOBER, 2010. P.C. 1 Heard. 2 The appeal is preferred by the original plaintiffs as the trial court refused to grant ad-interim relief. 3 It appears that the plaintiff has not impleaded the landlord as defendant, though the landlord appeared as a caveator. In the present Appeal also the landlord has appeared as caveator though he has not been made party in the appeal by the plaintiff -appellant. The plaintiff has produced certain documents showing the area which was leased out to him. These documents are not produced before the trial court. spb/- 2 28-10-ao1286-10.sxw Therefore, it is not possible to make any observations about the correctness or otherwise of the said documents. Admittedly, the plaintiffs and his predecessors were in possession of the premises for a long period. For deciding the question as to whether they have raised any unauthorized structure beyond the area under lease, in my opinion, following direction will meet the ends of justice : i The plaintiff-appellant shall implead the landlord as defendant in the suit as well as in the notice of motion. Amendment be carried out within four weeks from today. ii The defendants shall file reply to the notice of motion within four weeks thereafter. The trial court shall decide the notice of motion within four weeks thereafter. Till the decision of the notice of motion, the Municipal Corporation shall not act upon the notice issued for demolition of the structure . 4 The appeal stands disposed of accordingly. In view of disposal of the appeal itself, the civil application does not survive and the same is disposed of as such. [J.H. BHATIA, J.]