1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION A.O.NO.527/2010 Girish Shah Appellant Vs. Mumbai Municipal Corporation & Anr. Respondents Mr.Ram U.Singh for the appellant Adv.K.K.Soraan ,for B.M.C. CORAM:MRS.MRIDULA BHATKAR,J. (VACATION COURT) DATE :12th May,2010. P.C. . This appeal is filed against the order passed by the City Civil Court on 6/5/2010 rejecting ad interim relief to the appellant refusing the protection to the unauthorised construction of mezzanine floor. The learned counsel for the appellant in support of his submissions has relied on the judgment of this Court in M/s Fairmount Textile India Pvt.Ltd.Vs.Municipal Corporation of Gr.Bombay ,reported in 2009(2) ALL M.R.243 . 2] Perused the record and the order passed by the Trial 2 Court. The record shows that after giving notice under section 351 of the Mumbai Municipal Corporation Act the Municipal Corporation has considered all the documents submitted by the appellant and has found that no documentary proof showing the existence of mezzanine floor prior to 1989 was submitted and hence cannot be regularised. The learned Judge has considered all the aspects that initially it was a loft of only 1/3 area and subsequently it was unauthorisedly converted in to mezzanine floor. The ruling relied upon by the learned counsel is not application to this case. The appeal is dismissed. In view of the dismissal of the appeal, ad interim application does not survive. (MRS.MRIDULA BHATKAR,J.)