JUDGMENT

1. This Appeal is directed against an order dtd. 18/11/2019, passed in Notice of Motion No.3403 of 2014 in L.C. Suit No. 2466 of 2014, passed by the learned Judge, City Civil Court, Greater Bombay, thereby dismissing the Notice of Motion.

2. Background facts leading to this Appeal can be stated as under:-

(a) The appellant-plaintiff claims to be the owner of the premises situated at House No.82, Worli, Koliwada, Mumbai ("the suit premises"). It consisted of ground plus two upper floors and it had been in existence since last more than 100 years. A portion of the said building collapsed in the year 2001. The plaintiff was advised to carry out repairs to the rest of the structure, which was standing. Whilst the plaintiff carried out the said repairs, at the behest of Mr. H.R. Bhagat, who claimed to be an heir of one of the tenants in the suit property, the defendantCorporation issued a notice dtd. 28/8/2014, purportedly under Sec. 354 A of the Mumbai Municipal Corporation Act, 1888 ("the Act, 1888").

(b) A reply was given to the said notice on 28/8/2014, itself. (c) Apprehending demolition at the hands of defendant, the plaintiff approached the City Civil Court by filing a sui