1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 128 OF 2010 ALONG WITH CIVIL APPLICATION NO. 189 OF 2010 Indrakumar Liladhar Agrawal ... Appellant v/s Municipal Corpn. Of Gr. Mumbai ... Respondent Mr.S.N.Vaishnava with R.D.Dave i/by M/s.S.N.Vaishnava & Co. for the appellant. Smt.K.K.Soraan for the B.M.C. Mr.Jayen Trivedi for respondent No.3. CORAM: SMT.NISHITA MHATRE, J. DATED: 15TH FEBRUARY, 2010 P.C.: 1. The present appeal from order has been filed against the rejection of the notice of motion filed by the plaintiff. According to the appellant/plaintiff, the City Civil Court has fallen in error by rejecting the notice of motion. 2. A perusal of the order passed by the City Civil Court indicates that the Court has considered all the relevant 2 aspects of the matter. It has also referred to the order passed by the Small Causes Court between the parties in respect of the disputed area. Besides this, according to the learned advocate for defendant Nos.2 and 3, the identity of the plaintiff and the suit premises has not been established as yet. 3. In my view, there is no error committed by the Court below while refusing an injunction. 4. Appeal from order stands dismissed along with the civil application. ..... 3