: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.439 OF 2009 Ashok M. Chhajad ... Appellant V/s. Municipal Corporation of Greater Mumbai ... Respondent Mr.A.M. Saraogi for Appellant Ms.K.K. Soraan for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: NOVEMBER 3, 2009 P.C.: 1. The Appeal from Order has been filed against the order passed by the City Civil Court refusing reliefs in the Notice of Motion filed by the appellant. The Mumbai Municipal Corporation had issued a notice u/s 354-A of the Mumbai Municipal Corporation Act to the appellant. In his reply to the notice as well as in the plaint, the appellant has stated that no construction is being carried out after the notice was served. In these circumstances, in my opinion, there is no cause of action at all for the plaintiff since he accepts that he has abided by the notice u/s 354A and no further action has been taken by Corporation. 2. Assuming any action is to be undertaken by the Municipal Corporation to demolish the structure mentioned in Section 354A notice, obviously, the Municipal Corporation would do so in accordance with law. 3. Appeal is dismissed accordingly. 4. In view of the Appeal being dismissed, Civil application No.527 of 2009 does not survive and is dismissed accordingly.