IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO.2797 OF 2009 Mohammed Ashraf Abdul Karim Kapadia ..Petitioner Vs The Municipal Corporation of Greater Bombay ..Respondent Mr.Ashish Kamat i/b. M/s.A. Mehta Laljee and co. for petitioner. Mr.M.M.Malvankar, Advocate for M.M.Malvankar for Respondent Nos.1 and 2. CORAM : S.C.DHARMADHIKARI, J. DATE : 22nd April, 2009. P.C. 1 This writ petition challenges the order passed on Notice of Motion which was moved in suit filed by the petitioner. Admittedly, the suit was disposed of. Admittedly, the structure has been demolished six years after the disposal of the earlier suit instituted by the petitioner. The demolition is allegedly done on 23rd January, 2008. In these circumstances, I do not see any reason to interfere with the order under challenge as the learned Judge observed that Notice of Motion moved is not the remedy for the petitioner. Further, in an application which was not maintainable there was no occasion to go into the rival contentions on merit. Be that as it may, the petitioner is not precluded from filing a suit and challenge the action of the Corporation of demolition of the structure without Notice. The substantive suit, if instituted, shall be dealt with uninfluenced by any observation on merits in the impugned order. [S.C.DHARMADHIKARI, J] *wp2797-09