1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.721 OF 2009 IN NOTICE OF MOTION NO.412 OF 2008 IN L.C.SUIT NO.364 OF 2008 Jabeen Shaikh ..Appellant V/s The Municipal Corporation of Greater Mumbai .Respondents ---- Mr. B.P. Shukla for the appellant. Mrs. K.K.Soraan for the respondent/BMC. ---- Coram : R.S.MOHITE,J Date : 1st September, 2009. PC 1 Heard both sides. By consent appeal is heard finally. Admit. 2 The finding of the trial Court is that offending structure is on the foot path. If this be so, then all that the B.M.C is required to do is to give notice under Section 314 and if there is no valid defence put up, it is open for them to demolish the structure. In the circumstances, appeal is allowed and the Notice of Motion filed by the plaintiff before the trial Court is granted in terms of prayer clause-(a). Since the finding is that the structure is on a foot path, the defendants are directed to issue notice under Section 314 and pass 2 necessary orders. If the final order is against the plaintiff, they will be at liberty to execute the said order subject to the plaintiff’s right if any. Appeal from Order disposed off in the aforesaid terms. (R.S.MOHITE,J)