1 of 3 13.AO.941.2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.941 OF 2026 WITH INTERIM APPLICATION NO.7401 OF 2026 Ramesh Baksuram Buswala, Plot No.3, Kherwadi, Bandra (East), Appellant Mumbai-400051. (Plaintiff) versus The Municipal Corporation of Greater Mumbai, Respondent at Mumbai. (Defendant) _______ Mr.Nikhil Rajeshirke with Mr.Veerdhawal Deshmukh and Mr.Hemant Chawla for Appellant. Ms.Smita Tondwalkar for Respondent-MCGM. _______ CORAM : AARTI SATHE, J. DATE : 21st September 2026 P.C. 1. This Appeal from Order has bee filed taking exception to the order dated 7th September 2026 passed by the Judge, City Civil Court, Borivali Division, Dindoshi (`Trial Court’) in Notice of Motion No.437 of 2018 in L.C.Suit No.3078 of 2016 rejecting the Notice of Motion filed by the Appellant refusing to grant temporary injunction restraining the Municipal Corporation of Greater Mumbai (`MCGM’), its agents, servant and any persons claiming through or under it from taking action in any manner against the suit structure in pursuance of the Notice dated 1st July 2016 under Section 351 of Mumbai Municipal Corporation Act, 1888 (`MMC Act’) and the order dated 27th October 2016 passed in respect of M.S.Thatte MANISH SURESHRAO THATTE Digitally signed by MANISH SURESHRAO THATTE Date: 2026.09.21 17:17:31 +0530 2 of 3 13.AO.941.2026.DOC the suit structure being ground floor + 2 upper floors admeasuring about 40’x45’ situated at Plot No.3, CTS No.453 of Village Bandra, Taluka Andheri, Mumbai Suburban District at Kherwadi, Bandra (East), Mumbai. 2. Learned counsel for the Appellant has submitted that the Trial Court has not taken into consideration the documents which were submitted at the time of hearing of the Notice of Motion to support his contention that the suit structure is a tolerated structure and falls within the datum line of 1961-62. He has sought to place on record the assessment records of the MCGM to show that the said suit structure is a tolerated structure. He has also submitted that ad-interim relief in respect of the suit structure dated 29th November 2016 granted by this Court is continued from the year 2016 and further a co-ordinate Bench of this Court by order dated 31st January 2020 has also continued the said ad-interim relief. Further the Trial Court also post passing the impugned order, has continued the ad-interim protection for a further period of two weeks from the date of impugned order i.e. up to today 21st September 2026. He has submitted that the suit is ripe for hearing and pending adjudication, which has been kept for recording evidence on 27th October 2026. 3. Learned counsel on behalf of the MCGM has submitted that there are no documents which the Appellant has produced to show that the suit structure is a tolerated structure and further that the impugned order passed is the correct order. 4. This Court is of the view that all these contentions can be raised at the time of hearing of the suit and considering that interim protection has been granted to the Appellant from the year 2016 and as MCGM has not taken steps to M.S.Thatte 3 of 3 13.AO.941.2026.DOC vacate the said interim protection, without deciding on the merits of the matter or without forming a prima facie view whether the impugned order has been rightly passed, this Court is of the opinion that, the Trial Court decides the suit as expeditiously as possible and preferably within a period of three months from the date this order is uploaded. 5. Hence, I pass following order : ORDER (i) Appeal from Order is allowed and disposed of; (ii) The Trial Court to dispose of L.C.Suit No.3078 of 2016 as expeditiously as possible and preferably within a period of three months from the date this order is uploaded; (iii) All contentions of the parties are expressly kept open; (iv) It is directed that the parties shall not seek any adjournment and co- operate with the Trial Court to expeditiously dispose of the suit; (v) The MCGM shall not take any steps in pursuance of Notice dated 1st July 2016 under Section 351 of MMC Act and the order dated 27th October 2016 till disposal of the suit; (vi) Appeal from Order is disposed of. Interim Application No.7401 of 2026 does not survive and disposed of as such. No costs. (AARTI SATHE, J.) M.S.Thatte