JUDGMENT :

Sandeep K. Shinde, J.

1. Pending suit instituted by the appellants, learned trial Court vide order dated 12th November, 2020, declined to restrain the Corporation, from taking coercive steps concerning Suit Structure, in pursuance of the notice dated 11th March, 2020 issued under section 354-A of the Mumbai Municipal Corporation Act, 1888. That order is challenged in this Appeal From Order under Order 43, Rule 1(r) read with 104 of the Code of Civil Procedure, 1908.

2. Heard learned counsel appearing for the respective parties.

3. Question that falls for consideration is, whether notice structure qualifies for protection, as per Municipal Policy of protecting the structures, which were constructed prior to datum line, i.e. 1st April, 1962. Briefly stated facts of the case are like this;

4. In 1979, appellants, M/s S.K. Constructions, a partnership firm purchased the property bearing CTS Nos. 2583 to 2596, admeasuring 783 sq.mtrs. with structures standing thereon. First Structure was abutting Nehru Road. It was a ground plus one upper floor. Ground floor, was housing six shops, occupied by tenants. Second Structure was behind the 1st structure. It was a chawl. Yet, both the st