1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.590 OF 2009 WITH CIVIL APPLICATION NO.714 OF 2009 Mr. Abeda Abubaker Surya. ..Appellant. Vs. Paradise & Bhoomi Developers and ors. ..Respondents. Mr.P. R. Rathod for the Appellant. Mr. A.M. Sarogi for the Respondent No.1. Mrs. K.K. Soraam for the B.M.C. CORAM : R.S. MOHITE, J. DATE : 3RD AUGUST, 2009 PC : 1. This is an appeal filed by the original plaintiff against the dismissal of her Notice of Motion. The notice of motion was against the MHADA and the Municipal Corporation and the prayer was that they should not withdraw any NOC or take action of demolition. It appears that the builder is in arrears of Rs.28/- lacs by way of water 2 charges. The plaintiff is an allottee of the flat and she is not wiling to pay the said amount. The plaintiff has sought the relief of injunction against the defendant Corporation from demolishing the suit building. So far as demolition is concerned, the building can only be auctioned for non payment of arrears of water charges and B.M.C. is unlikely to demolish the building for recovery of arrears. In this view of the matter, the entire prayer is misconceived. In the circumstances, the appeal is summarily dismissed. CIVIL APPLICATION NO.714 OF 2009 IN A.O.NO.590 OF 2009 1. In view of the above order, civil application does not survive and the same is also dismissed. ( R.S. MOHITE, J.)