1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2133 OF 2007 IN FIRST APPEAL NO.109 OF 2007 --------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court's Court's or Judge's orders or directions orders and Registrar's orders --------------------------------------------------- Mr.Santosh Narwataye i/b.M/s.M.P.Washi and Associates, advocate, for the applicant Mr.J.J.Xavier, advocate, for the respondent Nos.1 to 4 Mr.V.P.Sawant i/b.Mr.A.R.Motiwala, advocate, for respondent No.5 CORAM : A.S.OKA, J. DATE : 15TH FEBRUARY,2008 P.C. . Heard the learned advocate appearing for the applicant. The applicant is the original plaintiff. The applicant filed a suit in the 2 trial Court challenging an action of demolition initiated by the first respondent Municipal Corporation in respect of the suit structure. Against an order passed on a Notice of Motion taken out by the applicant during the pendency of the suit, an Appeal from Order was preferrred in this Court. The said Appeal from Order was disposed of on 11th October, 2000. As per the order in the said Appeal, the suit structure was divided by a partition and after the division, one half portion was placed in the possession of the first respondent Municipal Corporation. The prayer in this application is for directing the first respondent 3 to return the said one half portion which was handed over to the first respondent under order of this Court passed in the Appeal from Order. 2. Now the suit filed by the applicant has been dismissed holding that the applicant has failed to prove that the suit structure was authorised. It is obvious that the arrangement which was operating during the pendency of the suit as per the order of this Court in Appeal from Order has to continue till the disposal of the appeal. Therefore, the applicant is disentitled to the relief which is prayed for in this application. 4 3. Under these circumstances, there is no merit in the application and same is accordingly dismissed. (A.S.OKA, J.)