JUDGMENT:

1. This appeal under Order 43 Rule 1 of the Code of Civil Procedure of the appellant/plaintiff, arises from an order dated 13 January, 2023, passed by the City Civil Court at Bombay, whereby pending the hearing of a Notice of Motion filed in his civil suit (Long Cause Suit (St.) No.14458 of 2022) the learned trial Judge has rejected a prayer for an ad-interim temporary injunction.

2. The issue which arises for consideration in the present appeal is whether an unauthorized vertical extension, namely, construction of a mezzanine/first floor to the existing structure of the appellant used as hotel (which itself is unauthorized), can receive a protection, from an action of its removal by the municipal corporation, merely because the structure is situated in a notified slum.

3. The suit in question was filed by the appellant/plaintiff being aggrieved by a notice dated 31 December, 2019 issued by the Respondent- Municipal Corporation of Greater Mumbai (for short ‘MCGM’) under Section 351[Section 351 - Proceedings to be taken in respect of buildings or work commenced contrary t