1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION CONTEMPT PETITION NO.430 OF 2010 Khimelwala Foundation ...Petitioner. v. The M.C.G.M.& Ors. ...Respondents. Mr. Suresh K. Mali , adv. For the Petitioner. Mr. M.M.Malwankar, adv. For the Respondent Nos.1 to 3. CORAM : J.H. BHATIA, J. DATED : JULY 12, 2011. P.C. 1 Heard. Perused the order passed by this Court on 3rd August, 2003 in First Appeal No.1466 of 2007 whereby the interim relief against the demolition was continued for a further period of four weeks so that the appellant therein, which is the respondent no.6 Maratha Sahayyak Mandal herein, could approach the Municipal Authorities with appropriate application for regularisation. After that said Maratha Sahayyak Mandal had filed L.C. Suit No.1117 of 2008 and had taken out notice of motion in which ad-interim status-quo order was passed. That status-quo order was vacated by the City Civil Court by order dated 3rd July, 2009. After hearing the parties while vacating status-quo order, the learned Judge had directed the Municipal Corporation to inspect the suit premises and to take necessary legal action if any unauthorised re- 2 construction is found. Petitioner, who claims to be landlord has filed this contempt petition against the Municipal Authorities for not taking action for removal of unauthorised construction in spite of said order. On perusal of the order, it is clear that City Civil Court had not given any finding that any particular structure was unauthorised nor the Court had directed that the particular structure be removed. Municipal Authorities were to inspect and if unauthorised construction would be found, legal action would be taken. There is nothing on record to show that any such unauthorised construction was found during the inspection by the Municipal Authorities and in spite of that Municipal Authorities have failed to take action. In such circumstances, there was no occasion or reason to file contempt petition before this Court. 2 Therefore, contempt petition stands dismissed. (J.H. BHATIA,J.)