construction of a shed admeasuring approximately 100 sq.ft. The shed structure is a garage in South Bombay. As of today, the order of the City Civil Court is against the appellant. If the interim relief is not granted and ultimately the appellant succeeds, then the damage cannot be reversed. At the same time, if the suit structure continues and it is found that the Corporation was justified in issuing the notice, then the applicant/appellant has continued to enjoy the fruits of illegal structure from the date of the impugned notice dated 1 October 1997 or atleast from the date the Trial Court dismissed the suit on 9 November 2011. Therefore, to balance the equity and the impugned order as of today which is against the appellant, this Court directs the applicant/appellant to deposit Rs. 7,500/- per month (though this is very low compared to market trend) from December 2011 till today within six weeks from today and continue to deposit the same every month in this Court. If these amounts are deposited, then same will be invested in fixed deposit with a nationalized bank and the said deposit to continue till disposal of the appeal.
