JUDGMENT

G. S. Kulkarni, J. - This appeal from order arises from an order dated 18 January 2023 passed by the learned Judge, City Civil Court at Bombay, whereby ad-interim reliefs as prayed in the Notice of Motion taken out by the appellant/plaintiff in L.C.Suit (L) No.14624 of 2022, have been rejected.

2. At the outset, as the facts would demonstrate, the present proceedings reflect an absolute abuse of process of law even in filing the suit in question. This would be clear not only from the averments as made in the plaint but also from the plea of the appellant/plaintiff which was taken before the City Civil Court and before this Court.

3. The dispute in suit in question is in regard to the action being taken against the unauthorised structure of the appellant/plaintiff by the respondent/defendant municipal corporation by issuance of a notice under Section 351 of the Mumbai Municipal Corporation Act,1888 (for short 'the MMC Act') dated 31 December 2019. The notice was in regard to the unauthorised structure in question which is stated to be put up on a land leased out to the grandmother of the appellant one Smt.Rabiyabai Hakimuliah, under a purported agreement of lease dated Nil exe