1 ao820 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO.820 OF 2010 Mark Simon D souza ...Appellant vs. Municipal Corporation of Greater Mumbai ...Respondent Mr.Rishi Mishra i/b Ms Manjusha Kumbhar for the appellant Ms K.K.Soraan for the respondent-B.M.C. CORAM : A.S.OKA,J. DATE : MARCH 4,2011 P.C.: 1 The challenge in this appeal by the original plaintiff is to the order dated 16 th June 2010. By the said order the trial Court declined to grant ad-interim relief to the appellant. The learned counsel for the respondent states that on 22 nd January 2011, demolition has been carried out by the respondent. The learned counsel for the respondent has produced for the perusal of the Court the report submitted by the concerned Officer which records that the demolition has been carried out as per the final order served to the appellant. The learned counsel for the respondent states on instructions that as the demolition has been already carried out in terms of the order of demolition, now no further demolition work is to be carried out. 2 The learned counsel for the appellant makes a grievance that now the structure is open to the sky. As far as this aspect is concerned, the appellant will have to apply for appropriate relief before the trial Court. 2 ao820 3 In view of the statement made by the learned counsel for the respondent, now there is no apprehension that further demolition work will be carried out. 4 Hence,appeal is disposed of by keeping the remedy of the appellant open. 5 All contentions of the parties on merits are kept open. 6 Civil application no.1028 of 2010 does not survive and the same is disposed of. JUDGE