:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.117 OF 2009 Suraj Ram Singh .. Appellant. Vs. Municipal Corporation of Greater Mumbai .. Respondent. Mr.O.P.Singh for the appellant. Mr.J.J.Xavier for the respondents. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 23RD JANUARY, 2009. DATED : 23RD JANUARY, 2009. DATED : 23RD JANUARY, 2009. P.C.: P.C.: P.C.: . Heard learned counsel for the parties. 2. This appeal from order challenges an order dated 11.12.2008 by which the City Civil Court has dismissed a notice of motion taken out by the appellant for seeking injunction restraining the respondent - Corporation from demolishing or removing the suit premises. The suit premises is a Pan stall, which according to the Corporation, is on the footpath, whereas according to the appellant it situates on the private property - near St. Andrew Church. The appellant has not placed any material on record to show that the Pan stall admeasuring 6’ X 6’ sq. ft. is on the private property. On the contrary the Corporation has filed an affidavit :2: :2: :2: stating that it situates on the footpath next to Spice Tree Restaurant, without any license as required under section 313 of the Mumbai Municipal Corporation Act. According to the Corporation it is not within hawking zone. In the circumstances no interference is called for by this court in the instant appeal. The appeal is dismissed. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)