IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7717 OF 2009 Smt.Jayaben N. Shah & Anr. ..... ..... ...Petitioners V/s The Mun. Copn. Of Gr. Mumbai ..... ..... ..Respondent. Mr.Chandra Naik, Adv. for the petitioners. Mr.M.M.Malvankar, Adv. for the Respondent. CORAM: A.P.DESHPANDE, J. 8th December, 2009. PC: The present petitioner is original plaintiff who instituted suit calling in question legality of notice issued by the Corporation under section 351 of the Corporation Act. Perusal of the notice reveals that the said notice objects to an unauthorized construction of mezzanine floor by the petitioner in the building in question. During pendency of the suit the Corporation has issued yet another notice under section 354 of the Act. Section 354 postulates removal of dangerous structures which are in the ruinous condition and are likely to fall. After service of notice under section 354 the petitioner moved an application for amendment of plaint with a view to bring on record what is termed as subsequent event relating to issuance of notice under section 354 by the Corporation. The trial court has refused to allow the proposed amendment by holding that the issuance of notice under section 354 is separate cause of action. 2. Learned counsel for the petitioner has submitted that the petitioner is not intending to challenge the notice issued under section 354 of the Corporation Act but only wants to bring on record the said 1 fact. From perusal of both the notices it is crystal clear that the same do not pertain to the same structure. The subject matter of section 351 notice is an unauthorized construction of mezzanine floor whereas notice under section 354 is in respect of entire building which is in ruinous condition. Notice under section 354 has absolutely no bearing on adjudicating the issue arising in the suit wherein notice under section 351 is challenged. The proposed amendment is absolutely unnecessary. Hence impugned order does not call for any interference. In the result writ petition fails and is summarily dismissed. The order passed herein shall not weigh with the trial court while deciding the suit on merits. 08.12.2009. 2