: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1175 OF 2009 ALONGWITH CIVIL APPLICATION NO.1458 OF 2009 IN APPEAL FROM ORDER NO.1175 OF 2009 Ronald Pascal Miranda .. Appellant V/s. Municipal Corporation of Greater Mumbai .. Respondents Mr. R.A. Thorat i/b. Mr. P.P. Surve for the Appellant-Applicant. Smt. K.K. Soraan for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 24 TH NOVEMBER, 2009. P.C.: 1. Heard. 2. Admit. By consent, taken up for hearing forthwith. 3. The present Appeal from Order has been filed against the order dated 31st October, 2009 passed by the City Civil Court, Dindoshi, Mumbai, in the Notice of Motion No.1662 of 2009 taken out in L.C. : 2 : Suit No.2311 of 2009 refusing ad-interim relief to the appellant-applicant. According to the appellant-applicant, the suit structure had been demolished at one stage. It was reconstructed. A notice under Section 354-A of the Mumbai Municipal Corporation Act was given to the appellant- applicant on 16th April, 2009, pursuant to which an order dated 29th October, 2009 was passed by the Assistant Engineer, (Bldg. & Fact.), K/West Ward of the respondents-Municipal Corporation. The appellant-applicant has contended that he has reconstructed the suit structure in accordance with law and that reconstruction was completed prior to the order being passed by the Assistant Engineer of the respondents-Municpal Corporation on 29th October, 2009. 4. The learned Counsel for the appellant-applicant points out that now that the structure is reconstructed, the respondents-Municipal Corpo- ration should be restrained from acting high handedly and must be directed to act in accordance with their Circular issued on 11th August, 2000. : 3 : 5. In my opinion, the only relief that the appellant-applicant is entitled to in the present case is a direction to the respondents-Municipal Corporation to act in accordance with law. Since the suit structure has already been reconstructed during the pendency of these proceedings, the respondents-Municipal Corporation may demolish it only after following the due process of law which includes the circular issued on 11th August, 2000. 6. The Appeal from Order is disposed of. 7. In view of the above, Civil Application No.1458 of 2009 pending in the Appeal from Order does not survive and the same is dismissed. .......