1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1183 OF 2009 ALONG WITH CIVIL APPLICATION NO. 1470 OF 2009 Dinesh Rikabchand Jain & anr. ... Appellants v/s Municipal Corporation of Gr. Mumbai & anr. ... Respondents Mr.M.S.Bhandari i/by Nalin M. Shah for the appellants Smt.K.K.Soraan for the B.M.C. CORAM: SMT.NISHITA MHATRE, J. DATED: 25TH NOVEMBER, 2009 P.C.: 1. The notice of motion filed by the appellants for a stay of the notice issued under Section 354-A of the Mumbai Municipal Corporation Act, has been rejected. The notice was issued indicating that the appellants had unauthorizedly constructed a mezzanine floor and wooden cabins. 2. Admittedly, the stop work notice had been effected and the appellants are not continuing with the construction. 2 Obviously, therefore, if the Corporation wishes to take action to demolish the offending structures, they will have to do so only in accordance with law. 3. In my view, therefore, unless the appellants establish on evidence at the trial that the offending structure is neither a mezzanine floor nor a loft as contended before me, it is not possible to grant any further relief. 4. Appeal from order rejected along with the civil application. ..... 3