1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.779 OF 2009 WITH C.A.NO.975 OF 2009 Ikram S. Shaikh. ..Appellant. Vs. Anil Kumar Singh and ors. ..Respondents. Mr. B.P.Shukla for the Appellant. Mrs. K.K.Soraan for the B.M.C. CORAM : R.S. MOHITE, J. DATE : 12TH AUGUST, 2009 PC : 1. This is an appeal filed by the original plaintiff who has filed suit in the city civil court. The plaintiff claims to be the owner of the suit property which is CTS No.3005 and 3007. According to him, the defendant Nos. 1 and 2 have made encroachment upon his property and carried out unauthorised construction. In the motion, he had sought measurement of the suit property from the Superintendent of Land Records and directions to the B.M.C. to demolish the suit property. This 2 matter pertains to the discretion of the B.M.C. As far as direction sought against the Superintendent of Land Records, he is not even made party to the said suit. The second relief is for direction to the defendant No.3 to take action of demolition. Interim reliefs which were claimed in the motion are not consistent with the reliefs sought in the plaint. The first relief which is claimed is not claimed in the suit and the second relief is the final relief in the suit. No fault can be found with the impugned order dismissing the notice of motion. Hence, appeal from order is dismissed. 2. In view of the above order, civil application is also disposed off. (R.S. MOHITE, J.)