1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1065 OF 2009 Shri Prabhakar Suryakant Chapade ..Appellant V/s Municipal Corporation of Greater Mumbai & Ors. ..Respondents ---- Mr.P.R.Salvi for the appellant. Mrs. K.K.Soraan for the respondent/BMC. Ms.Uma G. Wagle for the respondent no.2. Mr.Rahul Hule for the respondent no.7. ---- Coram : R.S.MOHITE,J Date : 12th October, 2009. PC 1 This is an appeal filed by the original plaintiff against the dismissal of his Notice of Motion. The dispute is between family members. The common ancestor being the father of the present plaintiff was an allotee of rooms bearing room nos.5 & 6 which were allotted by the Corporation. It appears to be an admitted position that there was a family settlement between the parties on 2.11.1993. Terms of the family settlement were reduced to writing and the present plaintiff got room no.5 and room no.6 was given to his brother Rajendra. It appears that the plaintiff has in 1995 written a letter informing the Ward officer of the Corporation that since his brothers and mother did not abide the terms of the family settlement, he had terminated the said settlement. Apart from the fact that this letter 2 dated 18.3.1995 is very vague and does not indicate the nature of the breach said to have been committed by his two brothers and mother, the letter does not offer to surrender room no.5 to all the heirs. This being the position, prima facie, it appears that under the family settlement, plaintiff is only entitled to room no.6. It may be right that there is no valid document of transfer of title to defendant no.7. It however, appears that the mother of the plaintiff claims to have accepted some monies from defendant no.7. The weakness in the case of defendant no.7 cannot be a reason for the plaintiff to succeed in his Notice of Motion as he has to establish a prima facie case which must stand on his own legs. In my view, no fault can be found in the impugned order. Appeal from Order is therefore, dismissed. (R.S.MOHITE,J) 3