1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.939 OF 2009 WITH C.A.NO.1172 OF 2009 Shri.Rajnath R. Yadav. ..Appellant. Vs. Municipal Corporation of Greater Mumbai. ..Respondent. Shri.M..A.Choudhary i/by Ram Laxmipalli for the Appellant. Mrs.K.K.Soraan for the Respondent. CORAM : R.S. MOHITE, J. DATE : 16th Sept.2009. PC: 1 This is an appeal filed by the original plaintiff against the refusal of ad interim relief. The record indicates that the plaintiff s structure was affected by road widening. It is admitted that he has been given alternate structure. Counsel states that the original structure was 10x20ft. and demolition was only of an area of 10x15ft. It is a fact that alternate premises was allotted by MMRDA however, the MMRDA is not made party to the suit. 2 In my view, no fault can be found with the impugned order. Notice of the BMC is U/s.314 of the B.M.C. Act. In the reply, it is not denied that the structure falls within the road margin as alleged by the BMC. In this view of the matter, appeal is dismissed. 2 As the appeal is dismissed, civil application does not survive and the same is also dismissed. (R.S. MOHITE, J.)