.NS # N 1 .PL60 .HM3 .FM3 .HE3 -#- bpk ................L.......T.......T.......T.......T.......T.......T....J IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE APPEAL FROM ORDER NO. 610 OF 2007 The Moon Star Properties Pvt. Ltd. : Appellants v/s St. Sebastian Homes C.S.Ltd.and ors : Respondents Mr. Gaurav Joshi with Mohd. Akram i/b Hralal Tahkur and co. for appellants Mr. Geeta Joglekar for respondent no. 4 Mr. Kranti Sarwade with H.T. Pawar advocate for respondent no. 1 Coram : S.P. Davare, J. Date : 11.2.2009 P.C. .SP2 .‰ By the present A.O. the appellant has challenged the correctness and legality of the impugned order dt. 6.7.2007 passed by Bombay City Civil court in motion no. 4999/04 in L.C. no. 2862/04. By the said order dt. 6.7.2007 motion no. 4999/04 was partly allowed in terms of prayer clause (a),(c) and partly cl. (d) thereof. However Mr. Akram learned counsel for the appellant submits that the appellant restrict the challenge to the said order dt. 6.7.2007 in respect of prayer clause (a) of the said motion and further submits that petitioner are not affected by the grant of prayer clause (c) and partly prayer Cl. (d) of the said motion. .‰ By the prayer cl.(a) of the said motion the original plaintiff i.e. respondent no. 1 herein had sought interim order to restrain Bombay Municipal Corporation from sanctioning and /or regularizing illegal and unauthorised work as shown in prayer clause (a) of the plaint, put up by the defendant no.3 in the building on the said plot of land no. D-14-C of the said Sebastian Homes C.S. Ltd, Bandra(W), Bombay 5. In the said context it is rightly pointed out that the power of sanctioning and /or regularizing any illegal /unauthorised structure exclusively vest in Bombay Municipal Corporation and it is its prerogative and therefore court does not have any say in the said matter. .‰ Hence in view of the said position A.O. is required to be allowed partly and impugned order dt. 6.7.2007 is required to be set aside in terms of prayer clause (a) thereof and accordingly present A.O. stands allowed partly in respect of order dt. 6.7.2007 passed in motion no. 4999/04 in L.C. suit no. 2862/04 regarding prayer clause (a) thereof. However it is made clear that the said order passed in respect of prayer clause (c) and partly prayer clause (d) shall remain unaffected. A.O. stands disposed of accordingly. (S.P. Davare,J)