MP 1 AO1078_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1078 OF 2011 IN NOTICE OF MOTION NO. 2261 OF 2011 IN L.C.SUIT NO. 2089 OF 2011 WITH CIVIL APPLICATION NO. 1434 OF 2011 Mr. Hamid Akhtar Husein Khan ... Appellant Versus Brihan Mumbai Mahanagarpalika and others ... Respondents Mr. A. J. Rizvi, Advocate for the Appellant. Mrs. K. K. Soran, Advocate for BMC. Mr. Ashok M. Saraogi, Advocate for Respondent No.2. Ms I. A. Raibakke, Advocate for Respondent Nos. 3 and 5. CORAM : R. M. BORDE, J. MONDAY, SEPTEMBER 26, 2011 P. C. : The appellant is raising challenge to the ad-interim order passed in Notice of Motion No. 2261 of 2011 in Long Cause Suit No. 2089 of 2011 decided on 20.09.2011. The municipal corporation issued a notice to the plaintiff (appellant herein) under Section 351 of the Mumbai Municipal Corporation Act directing the appellant to remove a staircase and also to remove the material stacked below the staircase. There appears to be a previous litigation in respect of the subject matter. 2. In Appeal from Order No. 1260 of 2009 while dealing with the Civil Application No. 1578 of 2009, this Court granted protection to the appellant until the respondent i.e. Municipal Corporation follows the procedure prescribed under the law, and it was held that it would be permissible to take action subject to observance of due procedure. Accordingly, a fresh notice came to be issued and after hearing the petitioner, the order was passed directing to remove the staircase. MP 2 AO1078_11 3. It is found by the Court below that the structure is occupying the part of the road and the material that has been stacked below the staircase also occupies the part of the road. Considering these aspects of the matter, the Trial Court has not committed any serious error in refusing the ad-interim relief as prayed for by the Appellant. Hence, the Appeal from Order does not deserve consideration and the same stands dismissed. 4. In view of dismissal of the Appeal from Order, nothing survives in the Civil Application, and the Civil Application stands disposed of accordingly. (R.M. BORDE, J)