SM 1 908.ao.606.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 606 OF 2011 WITH CIVIL APPLICATION NO. 835 OF 2011 IN APPEAL FROM ORDER NO. 606 OF 2011 Shri. Jaiprakash Kamtaprasad Sonar ....Appellant. Versus The Mumbai Municipal Corporation ....Respondent. ____________ Mr. U. V. Singh for the Appellant. Ms. K. K. Soraan for the Respondent-BMC. CORAM: R. M. BORDE, J. DATED : NOVEMBER 24, 2011. P.C.: The Notice of Motion taken out by the plaintiff seeking an order of injunction has been rejected by the Trial Court in the suit presented for raising exception to the action of Municipal Corporation in pursuance of issuance of notice under Section 351 of the Municipal Corporation Act. It is noted that the plaintiff has not impleaded the owner of the premises as party defendant and is making a grievance in respect of failure of the corporation to serve notice on the owner. The counsel appearing for the respondent, on instructions, states that while the officers of the corporation tried to effect service of notice on the occupier/plaintiff herein, it was informed that he is the owner of the premises and he accepted the notice. 2. In these circumstances, in the absence of impleadment of the owner to the suit, no interim order could be passed. The Trial Court has adopted proper approach and has dismissed the SM 2 908.ao.606.11 Notice of Motion. There is no reason to cause interference in the order passed by the Trial Court. 3. Appeal from Order stands dismissed. In view of dismissal of the Appeal from Order, pending Civil Application does not survive and stands disposed of accordingly. (R. M. BORDE, J.)