1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.671 OF 2009 WITH C.A.NO.840 OF 2009 Mrs. Usha M. Borgaonkar. ..Appellant. Vs. The Municipal Corporation of Greater Mumbai and ors. ..Respondents Mr.G.A.Lobo for the Appellant. Mr.Suhas Patil i/by Navdeep Vora & Associates for the Respondent No.3. Mrs.K.K.Soraan for the BMC. CORAM : R.S. MOHITE, J. DATE : 2nd Sept.2009 PC : 1. This is an appeal against the order dated 19.5.2009 passed by the City Civil Court refusing to grant ad interim relief in favour of the plaintiff. The plaintiff s suit is for the main relief that her structure was illegally demolished. There is no averment that structure was re-erected. There is also no injunction sought against the re- 2 erection of the structure. The plaintiff has directly chosen to seek the relief that she should be allowed to carry on business. The trial court has rightly observed that the structure itself is demolished and therefore such relief cannot be granted. Advocate for the appellant states that plaintiff has licence to run the business and the same was renewed upto date. However, there is no structure and therefore, business cannot be carried out on any open space. The appellant has been granted alternate structure. He will be at liberty to carry on her business in accordance with law. It is made clear that notice of motion may be decided without being influenced by this order. As the appellant is without source of livelihood, hearing of the notice of motion is expedited. Appeal is accordingly, disposed off. C.A.NO.840 OF 2009 1, As the main appeal is disposes off, this 3 civil application does not survive and the same is also disposed off. ( R.S. MOHITE, J.)