1. The appeal is against the Judgment and order dated 14-03-2011 in L.C Suit no 325 of 2011 passed by the learned City Civil judge, Mumbai whereby the suit as well as the Notice of Motion was dismissed in liminem. By civil application 2797 of 2011 same prayer is made as in the Appeal.

2. The facts stated are:-

The appellant (Original plaintiffs referred hereinafter as Plaintiff) claimed that it is a registered partnership firm which had acquired suit property Gala No.24/25, CTS No. 240-C of village Kurla - 1 at Khetani Industrial Estate, Kurla, Mumbai, at auction Sale. According to the appellant, the residents of the Society had filed Writ petition no. 1763 of 2010 alleging the unauthorised additions, alterations to the existing premises. The Municipal Corporation of Greater Mumbai (hereinafter referred as MCGM) issued notice under Section 354-A of the M.M.C. Act. This notice was issued requiring the plaintiff-appellant to stop the unlawful construction detected by the MCGM. The notice was challenged in the Suit no. 2332 of 2010 which is still pending before the Bombay City Civil Court, Mumbai. According to the plaintiff-appellant the suit structure was protected by interim