925-IA-3390-2019.doc srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3390 OF 2019 IN FIRST APPEAL NO.549 OF 2020 Mr. Ramesh Prakash Yadav … Appellant Versus The Bombay Municiapal Corporation of Greater Mumbai and Anr. ...Respondents _____________________________________________________ Mr. Sumit R. More for the Appellant/ Applicant. Mr. Pradeep M. Patil (BMC) for the Respondents. _____________________________________________________ CORAM : JITENDRA JAIN, J. DATED : 20 FEBRUARY 2026 P. C.: 1. The present application is filed seeking stay of the impugned order dated 12th April 2019 whereby suit filed by the plaintiff challenging notice under section 351 of the Mumbai Municipal Corporartion Act, 1888 came to be rejected. The Trial Court has observed that the notice issued to the plaintiff was not replied by the plaintiff. The Trial Court has also observed that no evidence has been led to show the existence of the structure prior to 1st April 1962. 2. The structure admeasuring 230 sq. ft. is being used as garage at Mulund, Mumbai. If the impugned order is not stayed then the Corporation will demolish the whole structure and the damage will be irreversible. However, if the Appeal is dismissed then the plaintiff would have used the illegal structure from 2010 if not before without 1 of 2 SUMIT RAMESH KARNIK Digitally signed by SUMIT RAMESH KARNIK Date: 2026.02.20 18:02:09 +0530 925-IA-3390-2019.doc any permission. Therefore, to balance the equity, plaintiff is directed to deposit Rs.15,000/- per month from 1st January, 2011 to 31st March, 2026 within eight weeks from today and thereafter to continue the deposit of Rs.15,000/- per month in this Court till the disposal of the Appeal. 3. The above deposit in this Court is to be invested in fixed deposit and the said fixed deposit will be kept alive till the disposal of the suit. The deposit will be subject to the outcome of the present Appeal. If the Appeal is dismissed, the Court will consider whether to hand over the amount to the Corporation or for any charitable purpose. If there is a default in any amount to be deposited as per this order then the stay granted will be automatically vacated. 4. The plaintiff to inform the concerned Ward Officer within seven days of him making deposit under this Order. 5. Civil Application No.3390 of 2019 is disposed of in above terms. [ JITENDRA JAIN, J. ] 2 of 2