1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1225 OF 2008 WITH CIVIL APPLICATION NO.1496 OF 2008 Abdul Gani Noorali Shaikh : Appellant versus Municipal Corporation of Greater Mumbai : Respondents Mr.R.D.Sawant, for the Appellant. Smt.K.K.Soraan for the BMC CORAM : R.M.SAVANT, J. DATED : JANUARY 12, 2009 P.C. 1. The above Appeal takes exception to the order dated 20th October 2008 passed by the learned Judge of the City Civil Court, Mumbai. By the said order, the Notice of Motion filed by the Appellant/Plaintiff came to be rejected. The Appellant/Plaintiff had filed the said Notice of Motion seeking temporary injunction restraining the Defendant-Corporation from demolishing the structure or dispossessing the Appellant/Plaintiff without following due process 2 of law. 2. The Defendant-Corporation has issued notices to the Appellant/Plaintiff under Sections 351 and 354-A of the Bombay Municipal Corporation Act on 27th May 2006 and 28th September 2006 respectively. The Reply filed by the Appellant/Plaintiff to the said notices was considered by the Competent Authority of the Corporation and the same was rejected. 3. The trial Court had considered the documents produced by the Appellant/Plaintiff and came to a conclusion that the construction made by the Appellant/Plaintiff was unauthorised. The Plaintiff was also not in a position to demonstrate as to how the construction can be tolerated in any manner. 4. Though the Plaintiff had claimed that the said construction was authorised, the Plaintiff in reply to the notices had prayed for regularization thereby accepting the fact that the structure was 3 unauthorised. 5. In my view, the reasons on the basis of which the trial Court came to a conclusion that no prima facie case is made out by the Plaintiff are unexceptionable and do not call for any interference in the appellate jurisdiction. The above Appeal is accordingly dismissed. 6. In view of the dismissal of the above Appeal, the Civil Application No.1496 of 2008 does not survive and the same is disposed of as such. [R.M.SAVANT, J]