1 srk IN THE HIGH COUT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1245 OF 2008 WITH CIVIL APPLICATION NO. 1517 OF 2008 IN APPEAL FROM ORDER 1245 OF 2008 The Bombay Municipal Corporation of Greater Bombay .. Appellant vs Vakil Ahmed Shaikh & Anr. .. Respondents Mr. A.Y. Sakhare Sr. Advocate with Smt. K.K. Sareen, Advocate for Appellant. Mr. V.E. Pereira, Advocate for Respondents. CORAM: R.S.MOHITE, J DATE: 9th September, 2009. P.C. 1 This is an appeal filed by Bombay Municipal Council impugning the order dated 14th July, 2008 passed by the City Civil Court granting the plaintiffs motion. The plaintiffs suit was filed against the present appellant-BMC who was defendant No.1 and defendant No.2 who is father of the plaintiff namely, Imtiaz Ali. The plaintiff filed the suit challenging the issuance of a Notice under section 351 of the Bombay Municipal Council Act and the consequent order of demolition. It is seen that it is plaintiff’s case was that the Notice of Motion was not served upon the defendant No.2 who was the owner of the 2 building. In-fact according to the counsel appearing for the present appellant, on the record of the Bombay Municipal Council, the name of the father of the defendant No.2 by name Sami Mohemmad is shown as the owner. It is however, admitted that the said Sami Mohammad has already expired leaving behind the defendant No.2 as his heir. It prima-facie appears that the present owners were served with notice under section 351 of the Bombay Municipal Act. Some attempt was ought to made to show that notice was also sent to the defendant No.2. However, there is no pleading to this effect. My attention was drawn to a signature on a notice purportedly sent to defendant no.2, hence, R & P was called. However, today a statement is made that the concerned Officer is not present with the record. Be that as it may, it cannot at this stage be said that the defendant No.2 was served with the Notice under section 351 of the Bombay Municipal Act. In the circumstances, the appeal is dismissed. 2 As the main appeal is dismissed, Civil Application is disposed off as it does not survive. Judge.