1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROMORDER NO.446 OF 2009 WITH CIVIL APPLICATION NO. 539 OF 2009 Shri Chimanlal J. Joshi .....Appellant Versus Municipal Corporation of Greater Mumbai & Anr. .....Respondents. Mr. J. S. Kini i/b. Mr. Suresh Dubey, Advocate for the Appellant. Mrs. K. K. Soraan, Advocate for the Respondent. Mr. V. Y. Sanglikar i/b. D. R. Shah, Advocate for the Respondent No.2. CORAM : R. V. MORE, J. DATED : 13th JULY, 2009. P.C.: Heard Mr. Kini, learned Counsel for the Appellant, Mrs. Soraan, learned Counsel for the Respondent No.1 and Mr.Sanglikar, learned Counsel for the Respondent No.2. 2. The Appellant challenged notice under section 351 of the M.M.C.Act, by filing Suit No. 1742 of 2008. He also filed notice of motion at Exhibit “6” for stay to the said notice under section 351 of the Bombay Municipal Act, 1951. The notice structure is described as follows : “Unauthorized construction of Ground plus Ist floor with ladi coba slab, Brick Masonry Wall and A.C. Shed roof admeasuring about 2.25 mtrs. x 1.4 mtrs with total average height of 4.2 mtrs. in the open space of CTS No.24.” 3. By the impugned order, the learned Trial Judge restrained the Respondent No.1 from taking any further steps in pursuance of the said notice under 351 of the M.M.C. Act, in respect of shop no.3 assessed at Rs.340 of 2 ground floor situated at Mukund Patil Lane, Shivshakti Building, Andheri (West), Mumbai, till the disposal of the suit. This protection only to Shop No.3 was granted in view of the documentary evidence produced by the Appellant and discussed by the learned Judge in paragraph no.8 of the impugned order. So far as notice structure is concerned, the Appellant could not point out any evidence that the same is in existence prior to 1962. In that view of the matter, I find no error in the conclusion arrived at by the Trial Court that the notice structure cannot be protected. The Appeal from Order is dismissed, accordingly. 4. In view of the disposal of the Appeal from Order, the Civil Application No.539 of 2009 will not survive and therefore, the same is disposed of. Sd/- (R. V. MORE, J.)