IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.973 OF 2009 WITH CIVIL APPLICATION NO.1208 OF 2009 Mr.Madanmohan M. Kotia & Ors. ...Appellants. v. The M.C.G.M. & Ors. ...Respondents. Mr.ANil C. Singh i/by D.R.Shah, advs. For the Appellant. Smt. K.K.Soran, adv. for the Respondent No.1/B.M.C Ms. Aparna Murlidharan i/by Shri P.G.Lad, advs. For the Respondent Nos.2 and 3. CORAM : J.H. BHATIA, J. DATED : APRIL 13, 2010 P.C. 1 Heard the learned counsel for the parties. 2 The learned counsel for the appellant states that his appeal was filed against the refusal to grant interim relief of direction to the Municipal Corporation to take action against the change of user by the respondent nos.2 and 3. Now in the affidavit-in-reply filed by Shri Chandrakant B. Shende, Assistant Engineer for the respondent no.1, has stated in paragraph 6 that Notice of Motion under Section 351 has been issued to the respondent nos.2 and 3 for the unauthorised change of user. In view of this statement, the learned counsel for the appellants seek to withdraw the appeal with request that the Corporation be directed to - 2 - hear the plaintiff/appellant while taking final decision on the said notice. 3 Appeal stands disposed off as withdrawn with the direction to the respondent no.1 Municipal Corporation to give opportunity of hearing to the appellants while taking final decision on the notice under Section 351 issued to the respondent nos.2 and 3. 4 As the appeal itself is disposed off, civil application no. 1208/09 does not survive and stands disposed off accordingly. (J.H. BHATIA,J.)