1. Heard learned counsel for the parties.

2. Admit.

3. With the consent of learned counsel for both the parties, the appeal is heard finally at the stage of admission.

4. This appeal takes an exception to the order dated 21st September, 2016, passed by the City Civil Court Mumbai, in Draft Notice of Motion in L.C. Suit No.2166, thereby refusing ad-interim relief of injunction, restraining Municipal Corporation from taken any action in pursuance of Notice dated 19.7.2016, issued under Section 351 of the Mumbai Municipal Corporation Act, 1988 (for short called as, “MMC” Act”), and the order dated 02.09.2016, passed by the Assistant Commissioner of Municipal Corporation directing the appellant to remove unauthorized structure within 7 days.

5. It is the case of the appellant that suit structure is used for imparting education and offering Namaz for Muslim community since 1972. It is in existence since prior to 1962 and therefore is a protected structure. In the suit bearing No.941 of 2007, in respect of the disputes amongst the landlords, Court Receiver was appointed and at present entire Kantharia Mahal, of which suit property is a part, is in possession of the Court Receiver.

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