IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.802/2008 IN FIRST APPEAL NO.264/2008 Shri.Kiran G.Shinde ... APPELLANT VS. Municipal Corporation of Greater Mumbai & Ors. RESPONDENT Adv.Shri.Thorat for Petititioners Adv.Shri.Kamdar i/b Adv.Shri.Kaushik for Respondent no.2 and 3 Adv.Shri.J.J.Xaviorfor B.M.C.. CORAM : R.S.Mohite,J. Date : 3rd June,2008 P.C. 1] Heard the parties. 2] The First appeal has been admitted by a separate order passed today. The present civil application is for injunction against demolition of the structure which is alleged to be unauthorised. It appears that inspite of request made by the original plaintiff who is admittedly the tenant ,to give notice to the landlord who had constructed allegedly unauthorised premises ,no such notice was given to the landlord. The point urged is as to whether the notice to the tenant who has not constructed, is sufficient. In the circumstances , there will be interim relief in terms of prayer clause ' A' . It will be open to B.M.C.to take fresh action u/s 351 after giving notice to the landlord who has effected the construction. (R.S.Mohite,J.)