Sayyed 917-FA.364.2018.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.364 OF 2018 Municipal Corporation of Greater Bombay ...Appellant Versus Selvan Jaipal Kauder ...Respondent WITH CIVIL APPLICATION NO.1051 OF 2018 WITH CIVIL APPLICATION NO.1050 OF 2018 IN FIRST APPEAL NO.364 OF 2018 Selvan Jaipal Kauder ...Applicant IN THE MATTER BETWEEN: Municipal Corporation of Greater Bombay ...Appellant Versus Selvan Jaipal Kauder ...Respondent WITH FIRST APPEAL NO.365 OF 2018 Municipal Corporation of Greater Bombay ...Appellant Versus Kathirvel Elayapannadi ...Respondent WITH CIVIL APPLICATION NO.1052 OF 2018 WITH CIVIL APPLICATION NO.1053 OF 2018 IN FIRST APPEAL NO.365 OF 2018 Kathirvel Elayapannadi ...Applicant IN THE MATTER BETWEEN: Municipal Corporation of 1 of 3 2026:BHC-AS:14801 Sayyed 917-FA.364.2018.doc Greater Bombay ...Appellant Versus Kathirvel Elayapannadi ...Respondent _____________________________________________________ Ms. Pallavi Khale i/by Ms. Komal Punjabi for Appellant-MCGM in both appeals. Mr. Vilas A. Jadhav for Respondent in both Appeals & Applicant in CAF Nos.1050/2018, 1051/2018, 1052/2018 & 1053/2018. _____________________________________________________ CORAM : JITENDRA JAIN, J. DATE : 27 MARCH 2026 P.C.: 1. These appeals are filed by the Corporation challenging the order passed by the City Civil Court on 11 May 2017, whereby notice issued for demolition under Section 55 of the Maharashtra Regional And Town Planning Act, 1966 (MRTP) was held to be illegal and bad in law. By the said order, permission was granted to the plaintiff to reconstruct the suit at his own cost and liberty was given to the defendants to follow due process of law in respect of such reconstructed construction. 2. The Corporation is aggrieved by the direction of the City Civil Court granting permission to the plaintiff to reconstruct the suit premises. However, pending the present appeal, the plaintiff reconstructed the suit premises as per order of the City Civil Court after 11 May 2017 but the said reconstructed suit property was again demolished by the appellant-corporation by relying upon the operative order clause (iii). 3. Since the corporation was aggrieved by the permission given by the City Civil Court to reconstruct the suit premises and the said reconstructed premises have been demolished by the Corporation on 26 2 of 3 Sayyed 917-FA.364.2018.doc October 2017, nothing survives in the present appeals. 4. If the plaintiff is aggrieved by the action of the Corporation of demolishing the reconstructed premises then it is a separate cause of action which cannot be agitated in these appeals filed by the corporation. 5. The appeals are dismissed. Consequently, civil applications do not survive and are accordingly disposed of. [ JITENDRA JAIN, J. ] 3 of 3 Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 30/03/2026 11:00:55