: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.618 OF 2009 ALONGWITH CIVIL APPLICATION NO.776 OF 2009 IN APPEAL FROM ORDER NO.618 OF 2009 Brihan Mumbai Municipal Corporation .. Appellants V/s. Shaymu Patiraj Vishwakarma & Ors. .. Respondents Mr. A.C. Singh i/b. Mr. R.A. Malandkar for the Appellants-Applicants. Mr. A.A. Siddique i/b. M/s. A.A. Siddique & Associates for Respondent Nos.1 to 4. CORAM : SMT. NISHITA MHATRE, J. DATED : 11 TH NOVEMBER, 2009. P.C.: 1. Heard. 2. Admit. Taken up for hearing forthwith. 3. The present Appeal from Order has been preferred against the order passed by the City Civil Court, Dindoshi, in Contempt Notice of Motion No.1487 of 2008. By this order, the City Civil Court has found that the officers of the Municipal Corporation have apparently committed contempt by : 2 : demolishing the suit structure. The trial Court has, therefore, granted prayer clause (d) of the Notice of Motion. Prayer clause (d) reads as follows : “(d). In the alternative this Hon’ble Court be pleased to allow the plaintiffs to reconstruct the suit structures that is the structures lying and being on C.T.S. No.223 (part) Survey No. 99, Shree Ram Rahivasi Sangh Society, Behind Ram Mandir Industrial Estate, Goregaon (East), Mumbai – 400 003, on their own and the cost of the reconstruction may be directed to be recovered from the contemnors.” 4. Undisputedly, the suit structure has been reconstructed by the respondents. The Municipal Corporation now contends in this Appeal from Order that the order directing recovery of the cost of reconstruction from the contemnors should be stayed. : 3 : 5. In my opinion, this is a reasonable request. The question whether the contemnors-the Municipal Corporation should be directed to pay or reimburse the amount for reconstruction of the suit structure will be decided at the final hearing of the suit. 6. The Municipal Corporation will be at liberty to take such measures as are available to them in law in respect of the reconstructed suit structure. 7. The Appeal from Order is disposed of. 8. In view of the above, Civil Application No.776 of 2009 pending in the Appeal from Order does not survive and the same is dismissed. .......