1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1859 OF 2008 WITH CIVIL APPLICATION NO. 4867 OF 2008 Giridhari S. Chugani ........Appellant versus Bombay Municipal Corpn. & ors........ Respondents. Mr. M.P. Vashi & Ass. adv. for the Appellant Mr. Vinod Mahadik adv. for the respondents CORAM: A. P. DESHPANDE, J. DATED : 23rd JANUARY, 2009. P.C.: 1. This is an appeal filed by an unsuccessful plaintiff whose suit has been dismissed by the trial court. The Bombay Municipal Corporation issued notice to the present appellant under section 55 of the Act, pointing out that the structure erected on the terrace is unauthorised and for removal/demolision thereof. On the plaintiff's own showing he has made construction and covered the open terrace and converted the same into rooms sometime after the year 1975. It is an admitted fact that the permission of the Corporation is necessary to cover open terrace and to convert it into rooms. Admittedly the plaintiff has not obtained necessary sanction from the Corporation. It is the case of the plaintiff that he had applied 2 for regularisation of the said construction but the Corporation has neither decided the said application nor communicate the decision. The trial court has held that no application for regularisation has been placed on record and the plaintiff has utterly failed to prove that he had applied for regularisation. A finding of fact has been recorded that covering of the terrace and conversion thereof into rooms is unauthorised and thus the impugned notice issued by the Corporation cannot be termed as illegal. 2. Perused the judgement. No interference is called for. There being no merit in the appeal, the same is summarily dismissed. 3. In view of the dismissal of the First appeal, civil application does not survive and the same is also dismissed. (A. P. DESHPANDE, J.)