1 IN THE HIGH COURT OF JUDICAUTRE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.739 OF 2009 IN NOTICE OF MOTION NO.3 OF 2009 IN B.C.C.C.L.C. SUIT NO.271 OF 2009 Mr. Umesh Narayan Puthran. ...Appellant. Vs. The Municipal Corporation of Greater Bombay. ...Respondent. Mr.Anil Singh i/by Mr.Devendra Sharma for the Appellant. Mr.J.J.Xavier with Ms. K.K.Soram for the Respondent. CORAM: R.S.MOHITE, J. DATE : 28th July,2009. P.C. : 1. Heard both sides. 2. Admit. 3. By consent, matter is heard forth. 4. Challenge in the plaintiff s suit is to a notice dated 31.1.2009 issued under Section 314 of the B.P.M.C. Act. The question which is agitated is that the sketch which is produced along with the notice does not clearly 2 indicate that the plaintiff s structure is on the street within the meaning of Section 314 of the Act. On perusal of the sketch which is given behind the notice, it is seen that there are two diagrams, one diagram shows the disputed structure beyond the road and does not show the foot path. The larger diagram shows the foot path but does not mention sanctioned width of the street. The Advocate for the respondent states that he will file additional affidavit placing on record the sanctioned width of the street. It is better, if material is produced before the trial court. The question is whether the structure in question is situated on the public street is to be decided by the trial court after considering the material on record and after considering the additional material which will be produced by the B.M.C. In the circumstances, appeal is allowed and the impugned order is set aside. Matter is remanded back for giving fresh reasonings on the basis of the documents on record and additional material which will be placed on record by the B.M.C. The Advocate for the B.M.C.states that affidavit will be filed within four weeks from today with advance copy to the other side. It is made clear 3 that till the matter is decided afresh, parties will maintain status quo in respect of the suit property as on today. ( R.S.MOHITE, J.)