: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1048 OF 2009 ALONGWITH CIVIL APPLICATION NO.1287 OF 2009 Suresh Seshmal Jain .. Appellant V/s. The Municipal Corporation of Greater Mumbai & Anr. .. Respondents Mr. R.A. Thorat for the Appellant. Smt. K.K. Soraan for Respondent No.1. Ms. R.C. Nichani for Respondent No.2. CORAM : SMT. NISHITA MHATRE, J. DATED : 2 ND FEBRUARY, 2010. P.C.: 1. The Appeal from Order has been preferred against the order dated 9th September, 2009 passed by the City Civil Court. A notice was issued under Section 351 of the Mumbai Municipal Corporation Act to the appellant indicating the unauthorized construction that he had put up with respect to the suit structure. The notice indicates that there is an unauthorized extension on both the rear as well as front of the existing shop. 2. The Appellate Court has partly allowed the Notice of Motion filed by the appellant directing : 2 : that the defendants were restrained from demolishing the front part of shop No.9 till the disposal of the Suit. The trial Court has, prima facie, found that the respondent No.1-Municipal Corporation is not able to establish that that portion of the Shop was unauthorized. 3. As regards the extension in the rear of Shop No.9, the trial Court has found that the plaintiff- appellant was unable to even, prima facie, show that the said structure existed prior to the date he was inducted in the premises. The plaintiff- appellant has relied on an agreement between himself and the landlord, i.e. respondent No.2, which indicates that besides the structure, there was open land in the rear of the Shop. Obviously, therefore, it would mean that any construction raised on that land after the tenancy agreement is, prima facie, illegal. 4. In my view, there is no need to interfere with the order passed. The Appeal from Order is dismissed. : 3 : 5. In view of the above, Civil Application No.1287 of 2009 pending in the Appeal from Order does not survive and the same is dismissed as infructuous. .......