JUDGMENT :

1. The Mumbai Municipal Corporation (defendant no.1) and M/s. Chhaya Construction Company (defendant no.4) in the Long Cause Suit No.770/2021 then, instituted by respondents no.1 and 2 herein, have challenged order dated 29th July, 2021 passed in Motion No.944/2021 by which Learned Judge, City Civil Court, restrained the Corporation from demolishing or pulling down the suit structure, till the disposal of the suit.

Factual matrix :

2. The Mumbai Municipal Corporation issued a notice dated 26th October, 2020 under Section 351 of the Mumbai Municipal Corporation Act (“M.M.C. Act” for short) to the respondents-plaintiffs, to show sufficient cause as to why the alleged unauthorised construction, should not be removed or pulled down. The notice was responded by the plaintiffs on 2nd November, 2020 whereby they placed on record, certain documents, for the consideration of Designated Officer, of the Corporation. The Officer, in turn, vide speaking order dated 12th March 2021, held that, documents produced by the plaintiffs did not prove, that the notice structure was in existence prior to 1st April, 1962- a datum line fixed for tolerable commercial structure. Whereafter, the plain