10-ao-34-2021.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.34 OF 2021 WITH INTERIM APPLICATION NO.2340 OF 2020 IN APPEAL FROM ORDER NO.34 OF 2021 Deepak N. Parekh .. Appellant. v/s. Municipal Corporation of Greater Mumbai .. Respondent. Adv. Ketki Gadkari, for the Appellant. Adv. Sachin Vajale i/b. Adv. Komal Punjabi, for the Respondent-MCGM. CORAM: FIRDOSH P. POONIWALLA,J. DATE : 4th DECEMBER, 2025. P. C:- 1 This Appeal from Order challenges an Order dated 31st January, 2020 passed by the Bombay City Civil Court at Dindoshi wherein the Notice of Motion taken out by the Appellant, praying for temporarily restraining the Respondents from removing the notice structure pursuant to a notice under Section 55 of the MRTP Act, was dismissed. 2 The present Appeal from Order was filed in 2021. However, till date, no relief has been granted in this Appeal from Order. S.R.JOSHI 1 of 3 SMITA RAJNIKANT JOSHI Digitally signed by SMITA RAJNIKANT JOSHI Date: 2025.12.04 18:16:19 +0530 10-ao-34-2021.doc 3 Be that as it may, the notice structure is yet not demolished. 4 In the Suit filed in the Bombay City Civil Court at Dindoshi, the next stage is for framing of issues. 5 Further, as per the impugned Order dated 31st January, 2020, it is recorded that it is the contention of the Appellate that, by virtue of Rule 42 of the D C Regulations for Greater Mumbai, the alleged roof constructed by the Plaintiff (Appellant) required no permission. On the other hand, the Respondents have submitted that, for any kind of construction, temporary or permanent, if it is an alternation or addition apart from the sanctioned plan, there is a requirement of requisite permission from the Competent Authority of the Corporation. In the impugned Order, the learned Judge has held that these issues would have to be decided on merits at the stage of trial. 6 Considering all these facts, in my view, it would be in the interests of justice if a status-quo order is granted in respect of the notice structure and the Suit before the Bombay City Civil Court at Dindoshi is expedited. 7 Accordingly, the following Order is passed:- (a) L. C. Suit No.80 of 2020 filed in the Bombay City Civil Court at Dindoshi is expedited; (b) Till the disposal of the Suit, status-quo will be maintained in respect of the suit structure. S.R.JOSHI 2 of 3 10-ao-34-2021.doc 8 The Appeal from Order is disposed of in the aforesaid terms. 9 There will be no order as to costs. 10 In the light of the disposal of the Appeal from Order, all pending Interim Application(s) are rendered infractous and are disposed of as such. (FIRDOSH P. POONIWALLA,J.) S.R.JOSHI 3 of 3