222sa380.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Second Appeal No.380 of 2009 (Jayant Dattatraya Kelkar and anr. vs. Nagpur Municipal Corporation and anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: R. K. Deshpande, J. Date : February 22, 2010 Heard Mr. S. D. Khati, Adv. for the appellants. This appeal is preferred by the Original plaintiffs who had challenged the notice of demolition issued by the respondent/Corporation and sought declaration in respect of said notice being illegal with a further prayer of injunction - permanently restraining the defendant from taking action on the basis of said notice. The trial Court has dismissed the suit filed by the plaintiff. While dismissing the suit, it has been observed in para 9 of the judgment that both the parties have admitted that the plaintiffs, during pendency of the suit, removed excess construction made on the parking space at the basement of their building. The Appellate Court has dismissed Regular Civil Appeal No.139 of 2003 filed by the plaintiffs. Hence, this Second Appeal has been preferred. Mr. Khati, Adv. for the appellants/plaintiffs has urged that notice dt. 7.2.2000 pertains only to the excess construction 222sa380.09.odt 2 . made by the plaintiffs in parking space at the basement of the building; same having been removed and a finding to that effect having been recorded by the trial Court in its judgment, nothing survives for adjudication in the suit filed by the plaintiffs. However, he expresses an apprehension that, upon dismissal of the said suit, the respondents may proceed to demolish some other portion of the building under the garb that challenge to the notice dt. 7.2.2000 has been negatived. In my opinion, this cannot be the question of law or substantial question of law arising out of the judgments delivered by the Courts below. However, if the notice dt. 7.2.2000 pertains only to removal of construction in the parking space in the basement of the building, then if at all any action is taken by the respondents for demolition of any other portion, obviously dismissal of suit will not come in the way of plaintiffs. The instant appeal is, therefore, dismissed. JUDGE jais