IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.830/2008 WITH CIVIL APPLICATION NO.3578/07 The Municipal Corporation of Greater Mumbai ... Petitioners Vs. Akbar Ali Peerji Respondent Mr.J.J.Xavior advocate for the petitioners Mr.D.R.Singh advocate for the respondent Coram : R.S.Mohite,J. Dt.3rd June,2008 P.C. Heard both sides .On perusing the judgment it is clear that the suit has been decreed on the footing that no notice was served u/s 89 and 90 of the Maharashtra Regional Town Planning Act prior to demolition. The advocate for the respondent states that thereafter reconstruction was already effected as permitted by the decree. In respect of the reconstructed premises notice u/s 85 of the Regional Town Planning Act was again served upon the original plaintiff and he has challenged that by filing separate suit . This being the position , I am not inclined to entertain the first appeal .Hence the same is dismissed .It is,however,clarified that the dismissal of the appeal will not preclude the appellants from contending that the reconstructed structure has not been constructed after following due process of law. CIVIL APPLICATION NO.3578/07 As the first appeal is dismissed the Civil Application also stands dismissed. (R.S.Mohite,J.)