: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.596 OF 2009 IN APPEAL FROM ORDER NO.687 OF 2008 Nisar Ahmed Abdul Razzak Ansari .. Applicant V/s. Raisabegum Mohamed Akmal Khan & Ors. .. Respondents Mr. V.R. Tripathi for the Applicant. Mr. P.R. Kakam for Respondent No.1. Smt. K.K. Soraan for the Respondent-BMC. CORAM : SMT. NISHITA MHATRE, J. DATED : 25 TH JANUARY, 2010. P.C.: 1. The Civil Application has been filed by the applicant who is a third party and not a party to the Suit. It is contended in the Civil Application that the applicant is an affected party and any order which would be passed in the Suit may adversely affect him. The applicant claims that the structure which has been demolished by respondent No.1-plaintiff belongs to him and, therefore, he should be heard in the Suit. : 2 : 2. The present Suit has been filed by respondent No.1-plainiff challenging the order passed by the respondent No.2-Municipal Corporation on issuance of a notice under Section 351 of the Mumbai Municipal Corporation Act. Admittedly, no notice in respect of the suit structure has been issued to the applicant herein. Therefore, in my opinion, he is not a necessary part in the present Suit. 3. In case the applicant has any grievance regarding demolition of his structure, he is free to take independent action in that behalf. 4. The Civil Application is dismissed. .......