1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.661 OF 2009 WITH CIVIL APPLICATION NO.829 OF 2009 Smt.Laxmibai Sunderlal Gaja ..Appellant V/s. Municipal Corporation of Gr. Mumbai & Anr. ..Respondents ---- Mr.D.R.Singh for the appellant. Mr.Pankaj Thatte for respondent no.2. Mrs.K.K.Soram for the respondent/BMC. ---- Coram : R.S.MOHITE,J Date : 23rd July, 2009. PC 1 This is an appeal filed by the original plaintiff against the order dated 23.6.2009 dismissing the Notice of Motion filed in his suit being S.C.Suit No.339 of 2009 filed in the Bombay City Civil Court. The plaintiff is a tenant in the 1st floor of a structure owned by defendant no.2. The Corporation, upon an application made by defendant no.2 dated 14.5.2008 has passed an order dated 24.12.2008 allowing him to shift a wooden ladder. On perusal of the plan, it is seen that the present wooden ladder opens upon a common passage. The place where ladder is shifted is also opened upon the passage. The common passage abuts the tenanted premises. In my view, the present plaintiff is not at all affected by the shifting. Some argument is made that the notice is issued under Section 299 of the 2 Bombay Municipal Corporation Act. Reference to Section 299 is as regards to the previous notice given in the year 2005. No fault can be found in the impugned order. Hence, appeal is dismissed. 2 In view of dismissal of the Appeal, Civil Application No.829/2009 does not survive and stands disposed off accordingly. (R.S.MOHITE,J)