nb-wp5308-11F.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5308 OF 2011 M/s. Emrald Developers & Ors. . ... Petitioners. Vs. Vijayraj Salluki Gupta @ Telli & Ors. ... Respondents --- Mr. S.M. Khaire for the Petitioners. --- CORAM:- G.S. GODBOLE, J. DATED :- 10TH OCTOBER, 2011. P.C. : 1 Not on Board. Taken on Board. 2 I have heard learned Advocate for the Petitioners. He vehemently argued that the property was declared as Slum on 21.01.1985 and that order was set aside in Appeal No. 47 of 2003 on 25.7.2005. It has again been declared as Slum by a fresh declaration dated 22.10.2010 and hence, the Small Causes Court could not have passed an order of temporary injunction. 3 I have considered the submissions. Merely because the property is declared as Slum, a tenant of such property is not deprived of his right to nb-wp5308-11F.sxw 2 file a civil suit, seeking declaration of his tenancy and consequential relief of injunction against the landlord that the structure should not be demolished and that the Plaintiff should not be dispossessed without following due process of law. This is what precisely been done by the Trial Court by allowing the Application for temporary injunction by its Judgment and Order dated 9th March, 2010; whereby the Application Exh. 8 was allowed. It is obvious that this injunction does not preclude the Petitioners from filing a suit for eviction after obtaining permission from the competent authority as even according to the Petitioners the land is declared as Slum. The Appeal filed by the Petitioners has been dismissed. The Trial Court and the Appellate Court have concurrently held that the Plaintiffs have proved existence of a prima facie case, balance of convenience and irreparable loss. No error of jurisdiction is committed nor any error of jurisdiction brought to my notice so as to warrant interference in exercise of jurisdiction conferred on High Court under Article 227 of the Constitution of India. 4 Hence, there is no merit in the Writ Petition. The same is dismissed. [G. S. GODBOLE, J.]