905 ao 684-26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 684 OF 2026 WITH INTERIM APPLICATION NO. 4937 OF 2026 IN APPEAL FROM ORDER NO. 684 OF 2026 Lucky Star Co-Operative Housing Society Ltd. ... Appellant. Versus The Municipal Corporation of reater Mumbai (F- South Ward) and Ors. ... Respondents. ————— Mr. Aseem Naphade a/w. Mr. Pratik Amin, Mr. Pratik Poojary and Mr. Harsh Agarwal for the Appellant. Mr. Sachin Vajale, Neeta Jadhav i/by Ms. Komal Punjabi for Respondent- BMC. Mr. Viraj Parikh a/w. Mr. Siddharth Shah a/w. Ms. Sayali Diwadkar i/by Trilegal for Respondent No.3. ————— Coram : Sharmila U. Deshmukh, J. Date : July 07, 2026 P.C. : 1. The Appeal from Order has been preferred being aggrieved by the impugned order rejecting the ad-interim relief injuncting the Defendant No.3 from encroaching upon, excavating, constructing, erecting, bracketing, etc. or in the manner interfering with the Plainti6’s peaceful possession, occupation and enjoyment of the suit property being CTS No.854 situated at Jerbai Wadia Road, Near sa_mandawgad 1 of 3 2026:BHC-AS:27954 905 ao 684-26.doc T.B. Hospital, Parel, Mumbai 400 012. 2. The Defendant No.3 is implementing a slum scheme on plot bearing C.S. Nos.440 (part), 645 (part), 646 (part), 647 (part), 649 (part) 650 (part) and 651 of Parel Shivdi Division, Jerbai Wadia Road, Parel, Mumbai. The allegation of encroachment is qua the adjoining plots i.e. CTS Nos. 650 and 651 which is part of the slum scheme. 3. During the hearing, this Court inquired as to whether survey has been carried out, as the dispute appears to be as regards the boundaries of CTS No.854 and CTS No.650 and 651. As survey was not carried out, learned counsel for the parties, on instructions, agree that a joint application will be Bled in the City Survey OCce for carrying out the survey of CTS No.854, and CTS Nos.650 and 651 for demarcation of boundaries. Both parties are at liberty to furnish documents to the concerned authority for carrying out survey, which survey the authority to carry out in accordance with law and as per the applicable provisions. 4. Learned counsel for the Defendant No.3 further undertakes that the temporary construction barricading which has been erected solely for the limited purpose of protecting the life and property of the Appellant society’s plot as the Defendant No.3 is sa_mandawgad 2 of 3 905 ao 684-26.doc undertaking hill Dattening work required for slum rehabilitation scheme and upon completion of hill Dattening work, it shall remove the temporary construction barricading. He would further, on instructions, submit that upon completion of the survey and demarcation by the competent authority, the temporary construction barricading will be re-erected along the demarcated boundary. 5. The statements made are accepted as undertaking given to this Court. It is clariBed that any party aggrieved by the demarcation of boundaries is at liberty to adopt appropriate proceedings in accordance with law. 6. In light of the consensus arrived at by the parties, the Appeal from Order is disposed of. Interim Application does not survive for consideration and stands disposed of. 7. In view of the above, learned counsel appearing for the Appellant, on instructions, submits that the notice of motion pending before the Trial Court will stand withdrawn with liberty to adopt appropriate proceedings, if deemed necessary, after survey is carried out. [Sharmila U. Deshmukh, J.] sa_mandawgad 3 of 3 Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 08/07/2026 18:37:46