1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.651 OF 2010 Mrs.Surjit Kaur Saini ..Appellant V/s. Municipal Corporation of ..Respondent Greater Mumbai Mr.R.A.Thorat, Advocate, for the Appellant Smt.K.K.Soraan, Advocate, for the Respondent - MCGM CORAM : R.C.CHAVAN, J. DATE : 30TH JUNE, 2010 P.C. . This Appeal is directed against the Order passed by the learned Judge, City Civil Court (Borivali Division), Dindoshi, Goregaon, Mumbai, rejecting the Appellant s Notice of Motion(Exh.6) in Long Cause Suit No.2311 of 2008. The Appellant was occupying a structure admeasuring 9 square meter. Out of this, six square meter was affected in road widening. Therefore, the Appellant was given an alternate business premises which the learned Counsel for the Appellant points out are 86 square feet which he is also occupying and yet 2 wants to cling to the remaining three square meters or 4 x 8 structure which remains & in respect of which the Municipal Corporation gave him a notice on 27 th October, 2008. The Appellant approached City Civil Court for an injunction by taking out Notice of Motion which was rejected by the learned Judge. 2. In the context of the facts which have been recounted above, the learned Judge could not be faulted for repelling the attempt of the Appellant to occupy alternate accommodation which was provided and also stick to the remaining part of the structure from which he was to remove himself. The Appeal is, therefore, dismissed. (R.C.CHAVAN, J.)