1 94 ao.341.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 341 OF 2011 Balchandra Laxman Alesa. ... Appellant. Versus Municipal Corporation of Greater Mumbai. ... Respondent ----- Mr. Chirag Shah i/b Mr. J.J.Shah for the Appellant. Mrs. K.K.Soraan for the Respondent – BMC. ----- CORAM : A.S.OKA, J. DATE : 25 th April, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 By the impugned order, the learned trial Judge has declined to grant ad-interim relief of temporary injunction. The challenge in the suit is to the action of demolition under Section 351 of the Mumbai Municipal Corporation Act, 1888. In the impugned order, the learned trial Judge has observed that a part of the suit structure appears to have been assessed for the Municipal Taxes prior to the year 1961-1962. In view of 2 94 ao.341.11 the said observation, the trial Court ought to have granted ad-interim relief. 3 Hence, I pass the following order: i. The impugned order dated 11 th March, 2011 is quashed and set aside; ii. By way of ad-interim relief, it is directed that till the disposal of the notice of motion, the parties shall maintain status-quo as of today, in respect of the structure described in prayer clause (a) of the notice of motion. iii. All contentions of the parties in the pending notice of motion are kept open; iv. Notice of motion shall be decided without being influenced by the impugned order as well as this order ; v. Civil Application No. 484 of 2011 does not survive and the same is disposed of. [ A.S.OKA, J ]