23 AO 292-24.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 292 OF 2024 Aachal Singh Kumpavat ... Appellant. Versus Municipal Corporation of Greater Mumbai and Anr. ... Respondents. ————— Mr. R.P. Ojha a/w. Akash Singh i/by Asit Singh for the Appellant. Mr. Sachin Vajale i/by Ms.Komal Punjabi for Respondent-BMC. ————— Coram : Sharmila U. Deshmukh, J. Date : July 10, 2026 P.C. : 1. Mentioned out of turn. 2. The Appeal from Order has been preferred against the order of 16th March, 2024 seeking interim relief in suit 3led challenging the notice issued under Section 351 of the Mumbai Municipal Corporation Act, 1888 and the speaking order. The construction in question is 18 X 18 square feet structure constructed by using B.M. Wall and A.C. Sheet roof situated at Plot No.118, Back side of Tulsi Building, Port Trust Road, Mahul Gaon, Chembur, Mumbai – 400 074. 3. This Court is informed that the trial has commenced and sa_mandawgad 1 of 2 23 AO 292-24.doc Plainti=’s evidence is being recorded. By order of 27th November, 2025, this Court had granted interim protection to the suit structure. Considering that the trial has commenced and suit structure was protected by order of this Court since 27th November 2025, it would be appropriate if the interim protection is continued pending hearing and 3nal disposal of the suit. 4. In light of the above, the Appeal from Order is disposed of by continuing the protection granted to the suit structure by order of 27th November, 2025 till hearing and 3nal disposal of the suit. 5. It is clari3ed that this Court has not gone into the merits of the matter and as such, the Trial Court to decide the suit on its own merits and unin@uenced by the interim protection granted by this Court vide order dated 27th November, 2025. 6. Interim Applications do not survive for consideration and same stand disposed of. [Sharmila U. Deshmukh, J.] sa_mandawgad 2 of 2 Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 10/07/2026 20:38:55