1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.599 OF 2009 WITH CIVIL APPLICATION NO.725 OF 2009 WITH C.A.A.NO. 894 OF 2009 Shambhu D. Bhagwante .. Appellant V/s. The Municipal Corporation of Greater Mumbai .. Respondents/ Mr. B.P.Shukla, for Appellant Mrs. K.K.Surana, for Respondents Mr. Prashant More, for Intervenor. CORAM: R.S.MOHITE, J. DATED: 11th AUGUST, 2009. P.C.: Civil Application No.725 of 2009 1. This is an application filed by the landlord for intervention. The Occupants has filed the suit for challenging the legality or validity of the notice issued under Section 354(A). The said suit is not filed against present Applicant. It is not the case of Municipal Corporation that the construction was being carried out by the present Applicant. In my view, as he is not a party in Srj 2 the Lower Court proceedings, this Civil application cannot be allowed and, is therefore, rejected. Appeal From Order No.599 of 2009 1. This appeal is filed by the Original Plaintiff against refusal of ad-interim relief. The Plaintiff has filed the suit, impugning the order issued by the B.M.C. under Section 354-A of the B.M.C. Act. On perusal of the notice, it is seen that some portion is unauthorizedly constructed with all walls and roofs. The reply filed by the B.M.C. indicates that the construction has been demolished on 25th November, 2008, 27th April, 2009 and 2nd May, 2009. Demolition on 27th April, 2009 is not mentioned in the notice issued on 30th April, 2009. The notice indicates that the erection of structure is completed. 2. In the circumstances, I proposed to dispose of this A.O. by a direction that both the parties will maintain status quo in respect of the suit property till the disposal of the Motion. Without prejudice, the B.M.C. will also be at liberty to take action under Section 351 of the B.M.C. Act, or any other provision they so desire, pending disposal of the Notice of Motion. Srj 3 3. Accordingly A.O. is disposed of on this terms. 4. Hearing of Notice of Motion be expedited. (R.S.MOHITE, J.) Srj