: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1079 OF 2009 Shri Anthony Swamy ... Appellant V/s. Mumbai Municipal Corporation & Anr. ... Respondents Mr.Anil C. Singh i/b D.D. Singh for Appellant Mr.J.J. Xavier for Respondent No.1 Mr.S.B. Amin for Resp. No.2 CORAM: SMT.NISHITA MHATRE, J. DATED: SEPTEMBER 22, 2009 P.C.: 1. The appeal has been preferred against the judgment and order dated 24.6.2009 passed by the City Civil Court, Mumbai. According to the appellant, notices were received by him u/s 351 and 488 in respect of a structure situated on CTS No.1406/C-3, Survey No.504 part, Malad village, Malad (West). According to the appellant, he has nothing to do with any structure situated on CTS No.1406, C-3, Survey No.504 part Malad village, Malad (West). The appellant points out that this Court while passing an order at an interim stage in the suit has recorded the statement made to that effect by the appellant as well as the municipal Corporation. The appellant has stated that he has nothing to do with any structure situated in CTS No.1406/C3, Survey No.504 part and instead the appellant claims that his structure is situated on CTS No.345/C part. : 2 : 2. In view of this, a statement is made on behalf of the appellant by the learned Counsel appearing for him that, the appellant has no objection if the Corporation takes any action in order to implement the notices issued u/s 351 and 488 of the Mumbai Municipal Corporation Act in respect of any structure situated on CTS No. 1406/C3, Survey No.504/part, Malad village, Malad (west). This statement is accepted. Thus, the Corporation is free to implement its aforesaid notices. 3. Mr.Xavier states that the appellant has tried to mislead the trial Court as well as this Court by contending that his structure is on CTS No.1406/C3 and has not been able to show that the structure is authorised. In view of the statement made on behalf of the appellant, the controversy does not survive. If it is found that the appellant has an unauthorised structure on CTS No.345/C part situated in Valani village, Malad, the Corporation may take such action as is available to them in accordance with law. However, till such action in respect of the structure standing on CTS No.345/C is initiated, the question of demolishing that structure does not arise. 4. Appeal is disposed of accordingly.