29---CAF-3093-19.doc rsk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3093 OF 2019 IN FIRST APPEAL NO.1368 OF 2019 Mr. Mohd Hamid Khan … Applicant- Appellant Versus Municipal Corporation For Greater Mumbai ...Respondent _____________________________________________________ Mr. Shrinath Dubey for the Appellant. Mr. Sanjiv Sawant a/w. Mr. Heramb Kadam and Mr. Malhar Bageshwar for Applicant in IA No.2700 of 2021. Mr. Pradeep M. Patil for Respondent No.1-BMC. _____________________________________________________ CORAM : JITENDRA JAIN, J. DATED : 28 JANUARY 2026 P. C.: 1. This application is taken out by the applicant/appellant seeking stay of the impugned order dated 20 July 2019 passed by City Civil Court, Mumbai whereby the suit filed by the applicant/appellant challenging notice under Section 55 of the MRTP Act was dismissed on the ground that the applicant/appellant has failed to prove by documents that the commercial suit structure of approximately 2500 square feet is legal. 2. Admittedly, as of today the order of the Trial Court is against the applicant/appellant. However, if the suit structure is demolished and ultimately it is found that the structure was legal then the damage 1 of 3 RAJESHWARI SUBODH KARVE Digitally signed by RAJESHWARI SUBODH KARVE Date: 2026.01.29 10:36:55 +0530 29---CAF-3093-19.doc would be irreversible. However, if at the end of the day it is found that notice under Section 55 was justified and the appeal stands dismissed then in that case the applicant/appellant has continued to use approximately 2500 square ft for commercial purpose illegally from atleast the date of notice dated 26 July 2012 under Section 55 of MRTP Act. Therefore keeping in mind the equity of both the sides, the impugned order and the notice is stayed subject to following order: a) Applicant/appellant to deposit Rs.50000/- per month from 26 July 2012 till today in this Court within eight weeks from today; b) Applicant/appellant to deposit Rs.50,000/- per month in this Court starting from 1 April 2026 till the disposal of the appeal; c) The amount deposited above to be invested by the Registry in the Fixed Deposit and the said amount will be subject to the outcome of the appeal; d) If there is a default in making any of the above payment at any time within the time prescribed herein then the interim relief will stand vacated forthwith. No extension will be granted for deposit of the money in any circumstances; e) The appeal Court will decide at the end of the final disposal as to the party or authority to whom above compensation should be granted. 2 of 3 29---CAF-3093-19.doc 3. Civil Application No.3093 of 2019 is disposed of. [ JITENDRA JAIN, J. ] 3 of 3