IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9680 OF 2009 Aziz Ur Rahman.... ..... ..... ...Petitioner V/s The Mun. Corpn. For Gr. Bombay & Ors. ..... ..... .Respondents. Mr.Satish Mishra i/by Mr.A.M.Sarogi, Adv. for the petitioner. None for the Respondents. CORAM: A.P.DESHPANDE, J. 30th November, 2009. PC: By the present petition the plaintiff has challenged the order passed by the City Civil Court dated 24.8.09 dismissing the contempt notice of motion moved by the petitioner. 2. It is the case of the petitioner that he had filed suit for injunction seeking to restrain the respondent-corporation from demolition of the suit structure. An ad-interim order was passed on 8.4.09 whereas on 9.4.09 the structure was demolished. According to the petitioner though the Corporation and its officer were in know of the fact that they are restrained by an order of injunction still in deliberate and wilful breach of the order they demolished the structure. The officers of the Corporation have filed affidavits on record of the trial Court to the effect that no structure at all was in existence on the date of filing of the suit so also on the date of passing of the order by the Court and thus question of demolition does not arise. It is suggested by the respondent before the trial Court that by filing false suit and by obtaining an ad-interim order the petitioner is trying to raise the structure. The Court below on appreciation of material on record has 1 come to the conclusion that it is not possible at least at this stage to hold that any structure was in existence and that the same came to be demolished by the respondent. So holding contempt notice of motion came to be dismissed. Perused the impugned order. Same does not call for any interference. Hence writ petition is summarily dismissed. 30.11.2009. 2