1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.523 OF 2009 WITH CIVIL APPLICATION NO.639 OF 2009 Shri Navin Bhai Dave ..Appellant V/s. Smt.Harnabai Telore & Ors. ..Respondents ---- Mr.Y.S.Jahagirdar i/by M/s. Paras Kuhad & Associates for the appellant. Mr.Y.N.Nakhawa AGP for respondent nos.1 to 3. Mr.C.U.Singh with Mrs.K.K.Soram for the respondent/BMC. ---- Coram : R.S.MOHITE,J Date : 23rd July, 2009. PC 1 This is an appeal impugning an order dated 29.4.2009 passed by the City Civil Court injuncting the defendants from demolishing the suit structure on the date of decision in the suit. The suit has been filed by the present respondent nos.1, 2 & 3 who have been served with the notice of demolition dated 2.3.2009 by the B.M.C. In their suit the plaintiffs took out a Motion for the reliefs that the defendants by themselves through their agents, servants and officers be permanently restrained by an order of injunction from implementing or acting upon the impugned Notices dated 2.3.2009. The relief which was actually granted by the impugned order restrained the defendants from demolishing the suit structure till the date of decision of the suit. It is seen that the present appeal is filed 2 by the developer who is original defendant no.2. Though prayer clause-(a) in the Notice of Motion is claimed against both the defendants and the relief granted is also against both the defendants, in my view, effectively the relief that was sought is regarding implementation of the notice dated 2.3.2009. The implementation of this notice is a matter with which only the Corporation is concerned. The present appellant cannot implement that notice. Similarly the injunction pertains to demolition as contemplated in the notice issued by the B.M.C. There is no question of the present appellant demolishing the suit structure in pursuance of that notice. In the circumstances, in my view, this appeal cannot be entertained and therefore, it is dismissed. It is however, made clear that the present appellant will be entitled to take proceedings in relation to eviction or any other reliefs in accordance with law. I am informed that the B.M.C has also filed a separate appeal. That appeal may be considered on its own merits. It is made clear that this order will not come in the way of the contentions of the parties. (R.S.MOHITE,J)