IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2846 OF 2008 IN FIRST APPEAL NO.1194 OF 2008 Madan Pardesi Gangaprasad ...Applicant V/s. The Municipal Corpn. of Greater . Mumbai ...Respondents Mr.Bipin Joshi, Advocate, for the Applicant. . Mrs.Mahadik with Mr.J.J. Xavier, Advocates, for the Respondents. CORAM : D.G. KARNIK, J DATED : 8TH OCTOBER, 2008 P.C.: 1. Heard. 2. This Civil Application is made for stay of order passed by the City Civil Court on 7th March, 2008 and also for an injunction restraining the respondent-Municipal Corporation from acting or enforcing the notice under section 351 of the B.M.C. Act. 3. The impugned order dated 7th March, 2008 is not an executable order. It is only an order of dismissing the suit filed by the appellant. Hence there is no question of grant of stay for execution of the said order. 4. As regards the prayer for injunction restraining the respondent-Municipal Corporation from acting upon the notice under section 351 of the B.M.C. Act, the learned counsel was unable to show to me any material from the record that the structure was authorised. 5. The notice was issued to the respondents for demolishing the unauthorised structure. The learned counsel for the appellant was unable to prove that the structure was authorised or was in existence prior to the datum line. 6. In the circumstances, no injunction restraining the respondent-Municipal Corporation from acting upon the notice can be issued. No prima-facie case is made out. In the circumstances, the Civil Application is rejected. (D.G. KARNIK, J)