Judgment :-

Ganguly, J.

1. Leave granted.

2. The Appellant impugns the judgment and order dated 23.11.2006 passed by a learned Single Judge of the High Court of Bombay in an appeal from Order No. 688 of 2006 of City Civil Court, Mumbai whereby the learned Judge rejected the application for injunction after a detailed judgment dated 23.8.2006.

3. The City Civil Court, Mumbai in a detailed judgment, came to a finding that the Plaintiff-Appellant herein failed to show that the suit structures existed prior to datum line i.e. prior to 1962 and no Sanctioned Plan of the suit structure was produced before the Court. The documentary evidence, produced by the Plaintiff-Appellant was discrepant in that the Assessment Numbers and the addresses did not tally.

4. Further finding of the City Civil Court, Mumbai was that the Appellant could not produce any documentary evidence to link the assessment documents with the suit structure and thus the Court held that the Appellant failed to make out any prima-facie case for grant of injunction.

5. Virtually on those findings, the prayer for injunction was concurrently refused by the High Court.

6. Apart from those two proceedings, other proceedings wer