Shalini Phansalkar Joshi, J.

1. This appeal is preferred by the original plaintiff challenging the order dated 01.10.2016 passed by the City Civil Court, Mumbai, thereby rejecting the draft Notice of Motion filed in Suit Stamp No. 9382 of 2016.

2. As per the case of the appellant, he is the owner of the building no. 35/37/39, Nishanpada, X-Lane, Mumbai - 400 099. The said building is occupied by 22 tenants, all are residing along with their family members. As the building was in dilapidated condition, the appellant made various applications before the MHADA for obtaining permission for repair work of the building. In the year 2006, the appellant received such permission. However, the appellant failed to repair the said building due to financial crisis. Hence, the appellant made application on 10.10.2015 for carrying out the repairs and accordingly started the repair work in respect of the said building. However various notices came to be issued to the appellant by the Municipal Corporation calling upon him to show cause as to why the construction carried out by him should not be demolished on the count of it being unauthorized and illegal. The last notice was received by hi