1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1036 OF 2009 ALONG WITH CIVIL APPLICATION NO. 1273 OF 2009 Mrs.Rukmai w/o Trilokchand ... Appellant v/s Municipal Corpn. for Gr. Mumbai ... Respondent Mr.R.A.Thorat i/by Ajay Mishra for the appellant. Mrs.K.K.Soraan for the respondent Corporation. CORAM: SMT.NISHITA MHATRE, J. DATED: 23RD NOVEMBER, 2009 P.C.: 1. Heard advocates for both parties. 2. There is an apparent ambiguity in the notice issued to the appellant under Section 351 of the Mumbai Municipal Corporation Act, which has been challenged in Suit No.1050 of 2008 which is pending before the City Civil Court. The notice of motion filed in that suit has been rejected and hence the present appeal from order. 2 3. I have perused the order passed by the Assistant Commissioner which reflects that the structure of the first floor is not authorized or not censused, according to the Corporation. However, the notice under Section 351 is in respect of both, the ground floor and the first floor structure. 4. In these circumstances, in my view, it would be appropriate to direct the Corporation not to demolish either the ground floor or the first floor of the structure at Classic Footwear, Shell Colony Road, Near Surendra Footwear, T.B.Colony, Chembur, Mumbai – 400 071, during the pendency of the suit. 5. Appeal from order stands disposed of accordingly along with the civil application. ..... 3