IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.338 OF 2008 IN NOTICE OF MOTION NO.401 OF 2007 IN L.C. SUIT NO.484 OF 2007 Shrinarayan Jairam Mihra ..Appellant. (Orig.Plaintiff) Vs. Brihanmumbai Municipal Corporation & Ors. ..Respondents. (Orig.Defendants) Mr.S.U.Kamdar i/b.Mr.V.V.Kemka for the Appellant. Mrs.Geeta Jogalekar for the Respondents. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 9TH APRIL, 2008 DATED : 9TH APRIL, 2008 DATED : 9TH APRIL, 2008 P.C. : P.C. : P.C. : Admit. Heard finally. 2. The finding that the tenant is not prejudiced by the demolition of any part of the premises of which he is a tenant merely because he was not the owner of the premises, is unsustainable and set aside. 3. It is however clarified that no opinion is expressed on the merits of the matter other than the above finding. 4. In the circumstances, the impugned order is set aside. The Notice of Motion shall be heard afresh by the trial Court. 5. The Respondent is at liberty to file an affidavit in reply within four weeks from today.