: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.351 OF 2008 IN NOTICE OF MTOION NO. OF 2008 IN L.C. SUIT NO.460 OF 2008 WITH CIVIL APPLICATION NO.410 OF 2008 Sanjay S. Kasikar & Anr. ..Appellants/ Orig.Plaintiffs. Vs. The Municipal Corporation of Greater Mumbai ..Respondents/ Orig.Defendants. Mr.B.P.Shuklafor the Appellants. Mrs.Geeta Joglekar for the Respondents/BMC. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 24TH APRIL, 2008 DATED : 24TH APRIL, 2008 DATED : 24TH APRIL, 2008 P.C. : P.C. : P.C. : The learned Judge has held that the assessment records shows the date of the first assessment with effect from 1.10.2005 only. There is no dispute regarding the same. 2. It was contended that these are the censused structures. However, the certificate produced does not show the name of the Plaintiff/Appellant. An attempt was made to correlate the structure mentioned in the notice impugned in the suit, with : 2 : the census certificates. They do not correlate. Thus, there is nothing to indicate that the structure mentioned in the notice is a protected structure. 3. In the circumstances, the Appeal from Order is dismissed. 4. In the circumstances, the Civil Application does not survive which is also dismissed as such.