1 A.O. 763 of 2011 with CAA 1010 of 2011 (902) saj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 763 OF 2011 WITH CIVIL APPLICATION NO.1010 OF 2011 Mr. Vijay Shankar Shitalaprasad Pathak .. Appellant V/s. Municipal Corporation of Greater Mumbai & Anr. .. Respondents Mr. U.V.Singh for the Appellant Ms. K.K.Soran for M.M.C. CORAM : MRS. ROSHAN DALVI, J. DATED : 23RD AUGUST, 2011 P.C. : 1. The Appellant who was the Plaintiff in the original Suit has impugned the Order of the learned Judge, City Civil Court, Mumbai refusing ad-interim relief in respect of the Plaintiffs structure. The Plaintiffs structure is situated on a footpath. It is in the way of Monorail Project. The notice under Section 314 of the M.M.C. Act has been given to the Plaintiff. The Plaintiff has been called upon to produce documents to show0.95" the existence of the structure prior to 01.01.1995 to enable MMC to offer him alternate accommodation. Plaintiff had not produced any documents prior to the datum 2 A.O. 763 of 2011 with CAA 1010 of 2011 (902) line. One election identity card and one ration card of later dates were produced. The learned Judge has recorded this fact. The election identity card is for residential structure that does not show the structure was on footpath where the Plaintiffs structure is stated to be. The ration card shows MMC Ward Zopadpatti near Rawali Camp, Kaka Hotel. 2. The Suit structure comes in the way of the project of the M.M.C. 3. This Court called upon the Plaintiff to show a photograph of the suit structure from the distance to determine whether it could be a residential structure or whether it is a commercial structure on the footpath. No photograph is produced. 4. The Notice is correctly issued and has been correctly upheld by the Court. No prima-facie case for protection of the structure is made out. Ad-interim relief is correctly refused. Appeal is dismissed. (ROSHAN DALVI, J.)