1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 843 OF 2009 WITH CIVIL APPLICATION NO. 1040 OF 2009 Subhash Rajaram Yadav ...Appellant (Orig.Plaintiff) V/s. The Municipal Corporation of Gr. Mumbai & Anr. ...Respondents (Orig.Defendants) .... Mr.Vaibhav Parshuram i/by R.M.Yadav for the appellant. Ms.K.K.Sorren, Advocate for B.M.C. Mr.Pankaj Kawli with Rakesh J.Pande i/by Deepak Lad for respondent. .... CORAM : R.S.MOHITE, J. DATE : 6th OCTOBER, 2009. P.C. 1. This appeal is filed by the original plaintiff against the rejection of his notice of motion. It appears from record that the plaintiff s father by name Rajaram Sukhnandan Yadav is admittedly the owner of the premises. Notice u/s.351 of the 2 M.M.C.Act has been served in the name of Rajaram Yadav. The said suit is, however, not been filed by the owner of the suit premises. The suit has been filed by his son, as being his absentee fathers next friend. In the circumstances, I am not inclined to entertain the present appeal. 2. The counsel appearing for the appellant states that the father of the plaintiff will file a separate suit for same relief as sought in this suit. In the circumstances, in the interest of justice and since the present plaintiff was protected during the pendency of the motion and that protection continues till today. It is directed that the Municipal Corporation will maintain status quo as of today for four weeks. 3. Appeal, however, stands dismissed subject to above direction. 4. As the appeal is disposed of, the civil application No.1040 of 2009 does not survive and the same is also disposed of. (R.S.MOHITE ,J.)