1 caf1753-11 rpa FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1753 OF 2011 IN FIRST APPEAL NO. 905 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Ms. Anjali H. Helekar for the applicant. Mr. Vinod Mahadik for respondent No.2 – BMC. Mr. Jagdish G. Aradwad (Reddy) for respondent No.3. CORAM : A.S.OKA, J. DATE : JUNE 14, 2011. P.C.: Heard the learned counsel appearing for the parties. Applicant is the original plaintiff. The suit filed by the applicant has been dismissed by the Judgment and decree impugned in the Appeal. The one of the substantive prayers in the suit was for reconstruction of the structure which was demolished on the basis of notice under Section 314 of the Mumbai Municipal Corporation Act, 1888. The prayer in this application is for 2 caf1753-11 permitting the applicant to reconstruct the suit shop. The suit filed by the applicant containing the same prayer has been dismissed. Grant of this prayer will virtually amount to grant of final relief in Appeal which is the facts and circumstances of the case cannot be granted. Hence, the application is rejected. (A.S.OKA, J)