JUDGMENT :

Abhay Manohar Sapre, J.

Leave granted.

2. This appeal is filed against the final judgment and order dated 26.10.2016 passed by the High Court of Bombay at Mumbai in Second Appeal No. 160 of 2016 whereby the High Court dismissed the second appeal filed by appellant herein.

3. A few facts need mention for the disposal of this appeal, which involves a short point.

4. The appellant is the plaintiff and the respondent is the defendant in the civil suit out of which this appeal arises.

5. The dispute relates to the land bearing Survey No.61, Hissa No. 1, admeasuring about 493 sq. yards Survey No. 61 (P) admeasuring about 1441 sq. yards situated at Mauje Kalyan Adharwadi Dombivali (MH) (hereinafter referred to as "the suit land").

6. The appellant (plaintiff) filed a civil suit against the respondent - Municipal Corporation for claiming the following relief:

"The Hon'ble Court may be pleased to declare that the act of changing the alignment of the street line affecting the land bearing Survey No.61, Hissa No.1 admeasuring about 493 sq. yards, Survey No.61(P) admeasuring about 1441 sq. yards along with a structure/house standing upon it bearing Municipal Ali No. 61, House No. 14 situate