1 IN THE HIGH COURT OF JUDICATURE AT BOMABY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.110 OF 2008 WITH CIVIL APPLICATION NO. 137 OF 2009 AND CIVIL APPLICATION NO.138 OF 2009 IN CIVIL APPLICATION NO.1201 OF 2007 IN APPEAL FROM ORDER NO.871 OF 2007 Ramjibhai Shah. ..Applicant. Vs. Rampat C. Yadav and anr. ..Respondents. Mr.M.U.Pandey for the Applicant. None for the Respondents. CORAM : R.S. MOHITE, J. DATE : 25/9/2009 PC: 1 This is a civil application taken out by the original respondent for vacating the order dated 24.3.2008 in Civil Application No.1201/2007 in A. O. No.871 of 2007. It is seen that the said order was passed after hearing both the sides. It is also contended that the suit premises was demolished four months, prior to the passing of 2 the said order as it evident from the letter dated 6.11.2007 written by the Advocate for the applicant to the Inspector of Police, Dindoshi Police Station with a copy to the present applicant. This letter could have been produced in the appeal before the passing of the order dated 24.3.2008. It is possible that the property had been reconstructed prior to the said date. In any case, if the property is already demolished, there is no cause of action to move for vacating the injunction as grant of injunction is not affecting his interest and therefore, civil application is dismissed. CIVIL APPLICATION NO.137 OF 2009 1 This is a civil application for allowing cutting of a tree and for setting aside the injunction relating to the tree on property bearing CTS No.502/305 of Village Malad(E). It is contended that subsequent to the passing of the order, BMC authorities has passed an order dated 24.11.2008 allowing cutting of the single tree. On perusal of 3 the order, it is seen that the order is conditional with directions to the applicant to plant two trees in the said property within 30 days from the date of the order. It appears that, this condition is not complied with. Liberty to move application after complying the conditional order passed by the B.M.C. Leave to amend. CIVIL APPLICATION NO.138 OF 2009 1 As the Advocate for the respondents in the civil application is absent and the order on the civil application may have some connection with the order to be passed in C. A. No.137/2009. Hence, list this civil application along with Civil Application No.137 of 2009. ( R.S. MOHITE, J.)