IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.267 OF 2010 WITH CIVIL APPLICATION NO.349 OF 2010 Mrs. Hamida Mehboob Sayed ...Appellant. v. The M.C.G.M. ...Respondents. Mr. J.J.Shah, adv. For the Appellant. Smt.K.K.Soran, adv. For the Respondent/BMC. CORAM : J.H. BHATIA, J. DATED : MARCH 23, 2010 P.C. 1 Heard the learned counsel for the parties. 2 Apprehending that the respondents may demolish his structure, appellant filed the suit for injunction before the City Civil Court and filed notice of motion seeking temporary injunction. Pending notice of motion, ad-interim relief has been refused and that order is challenged before this Court in the present appeal. 3 On perusal of the record, it appears that no notice has been issued by the respondents in respect of any structure to the appellant and infact, in such circumstances even prima-facie, there was no cause of action to file the suit. Anyway, notice of motion is still pending and respondents are yet to be heard. The impugned order shows that the -2 - plaintiff could not produce any document to show existence of structure or permission for the same. Therefore, I do not see any reason to interfere. Appeal stands dismissed . As the appeal itself is dismissed , civil application no.349 of 2010 does not survive and stands disposed off accordingly. (J.H. BHATIA,J.)