FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 796 OF 2008 IN NOTICE OF MOTION NO. 790 OF 2008 IN L.C.SUIT NO. 777 OF 2008 __________________________________________________________________ Office Notes, Office Memoranda of Coram, apperances, Court' s orders or Court's or Judge's orders directions and Registrar's orders Mr.R.A.Yadav,adv.for appellant. Mrs.Geeta Joglekar,adv.for B.M.C./ respondents. Coram: Smt.R.P.SondurBaldota J. Dated : 11 th August, 2008. P.C. : 1. This Appeal from Order is preferred against order dated 13th June, 2008 passed by the Bombay City Civil Court in Notice of Motion no. 790 of 2008. By the impugned order, the relief sought by the appellant in their Notice of Motion seeking protection against forcible action has been granted. However, the relief asking for repairs permissions has been rejected. The reasons for rejecting the prayer at para-5 of the impugned order are as follows : “5.........Admittedly there is clear provision in the Mumbai Municipal Corporation Act which requires a person to obtain previous permission from the Corporation before effecting repairs to his house or residential structure. A grant of such permission involves technical aspect and the Corporation is manned with that. The plaintiff could not advance any convincing argument, nor could show any material on the basis of which the job of granting permission which is reserved with the Corporation can be entrusted to the court. Therefore, it follows that this court cannot assume the jurisdiction of the Corporation and decide whether the plaintiff should be accorded permission for effecting repairs or not.............” 2. There cannot be any other order for any other reasons passed in the matter. The grant or refusal of repairs permission is entirely within the purview of the Mumbai Municipal Corporation Act. Hence, the Appeal from order is dismissed in limine. 3. With the disposal of the appeal, Civil application does not survive and the same is disposed off accordingly. (JUDGE)