JUDGMENT - DAGA V.C., J.: - This appeal from order is heard finally by consent of parties.

2. The appellant is challenging the legality and validity of the interim order dated 23-1-2004 passed by the City Civil Court, Bombay, granting interim injunction in favour of the respondent original plaintiff, whereby the appellants are restrained from demolishing or destroying plaintiff's hoardings put up on the terrace of the building of the defendant society.

The Facts:

3. The facts giving rise to the present appeal in nutshell are that the respondent-plaintiff instituted a suit against the present appellant claiming declaration that there was a concluded contract between the defendants and the plaintiff allowing the plaintiff to put up the hoarding structures on the terrance of the defendants for displaying advertisements therefrom and also prayed for permanent injunction.

4. In the aforesaid suit, respondent plaintiff took out Notice of Motion bearing No. 26/2002 for interim relief.

5. The trial Court after hearing plaintiff was pleased to grant ad interim with liberty to serve Notice of Motion. After service, Notice of Motion was taken up for hearing. The City Civil Court, Bombay, by a c

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