1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.896 OF 2009 WITH CIVIL APPLICATION NO.1102 OF 2009 Sangeeta Hitesh Shah ..Appellant V/s The Municipal Corporation of Gr.Bombay & Ors. ..Respondents ---- Msr.V.R.Tripathi for the appellant. Mr.C.K.Tripathi for respondent no.2. Mrs.K.K.Soraan for B.M.C. ---- Coram : R.S.MOHITE,J Date : 7th September, 2009. PC 1 This is an appeal filed by the original plaintiff who is the owner of a flat. The notice issued by the B.M.C. Under Section 351 indicates an un-authorised construction to the extent of about 150 square feet. The notice indicates that the total area including unauthorised portion is about 600 square feet. In the reply to the notice, the plaintiff has contended that the alleged unauthorised structure was in existence from the very beginning and prior to his purchase of the flat in the year 1999. His agreement indicates that he has purchased a flat only of 450 square feet. This indicates that he has subsequently constructed alleged unauthorised portion. In my view, the trial Court has rightly rejected 2 the Notice of Motion. Appeal from Order therefore, is summarily dismissed. CIVIL APPLICATION NO.1102 OF 2009 As the main appeal is dismissed, Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3