: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.461 OF 2008 WITH CIVIL APPLICATION NO.540 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.S.S. Redekar for the Appellant. Mrs.Geeta Joglekar for the Respondents - B.M.C. CORAM : S.J. VAZIFDAR, J. DATED : 5TH MAY, 2008. P.C. : Mentioned, not on board. 2. There is no warrant for interfering with the impugned order. The offending structure is on the footpath. The documents relied upon by the Appellant/Plaintiff mentioned different structure numbers. In one document the structure number given is 12, in another : 2 : 35 and yet another 6. No reliance can therefore be placed on these documents. Further there is nothing to indicate that the structures mentioned in the document were actually on the footpath as is the case in respect of the offending structure. 3. If the Appellant succeeds in the Notice of Motion, he will be entitled to the benefit as per the policy. The Appellant is at liberty to apply to the Bombay City Civil Court for expediting the hearing of the Notice of Motion. 4. In the circumstances, the Appeal from order is dismissed. The Civil Application is also dismissed.