1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.779 OF 2009 Shri Rajendra V. Chawan ..Appellant versus The Municipal Corporation of Gr. Mumbai & Ors. ..Respondents Mr.Kumthekar for the appellant Mr.Xavier for the respondent Corporation CORAM : R.Y.GANOO, J. DATE : 13th JULY, 2009. P.C: 1. Corporation issued notice under Section 351 of the Corporation Act to the appellant in regard to the suit structure. The appellant filed reply. That reply was considered and the concerned officer of the Corporation arrived at the conclusion that the suit structure is unauthorized. Against this the suit came to be filed in the City Civil Court at Bombay being Long Cause Suit NO.3833 of 2003. 2 2. It is admitted by the appellant that during the pendency of the suit, the structure came to be demolished as there was no Order of injunction. The appellant took out Chamber Summons for reconstruction of the suit structure as according to him the suit structure was demolished illegally. The said Chamber Summons came to be dismissed. That Order has not been challenged in any other proceeding and the suit proceeded. 3. I have heard learned Advocate Mr.Kumthekar appearing on behalf of the appellant and Mr.Xavier on behalf of the respondent Corporation. Once it is shown that the suit structure was demolished after the Corporation had arrived at a decision that the suit structure is unauthorised, the notice under Section 351 has been duly acted upon and the cause of action which was accrued to the appellant on the basis of the Order passed by the Corporation came to an end. It is not the case of the appellant that the suit structure came to be 3 demolished when the Order of injunction was running against the Corporation. 4. It is to be noted that when the request of reconstruction was made, that was declined against which no proceeding was filed. If this be so, the action under Section 351 has been fully acted upon. As of today the appellant cannot now question the action of the corporation. 5. In the peculiar facts and circumstances, I am inclined to observe that the learned trial Judge has looked into the question properly and he arrived at the proper conclusion that the suit is required to be dismissed. In my view no interference is required and the first appeal is required to be dismissed at the stage of admission. Hence the Order. ORDER i. First Appeal is dismissed at the stage of admission with no order as to costs. 4 ii. In view of dismissal of the appeal, Civil Application No.2211 of 2009 is dismissed with no order as to costs. (R.Y.Ganoo, J.)