: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.390 OF 2008 WITH CIVIL APPLICATION NO.459 OF 2008 IN APPEAL FROM ORDER NO.390 OF 2008 IN NOTICE OF MOTION NO.116 OF 2007 IN L.C. SUIT NO.152 OF 2007 Bherulal Chenaram Chudhary ..Appellant. Vs. The Municipal Corporation of Greater Bombay ..Respondents. Mr.Anil Singh with Mr.D.R.Shah for the Appellant. Mrs.Geeta Joglekar for the Respondent/B.M.C. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 24TH APRIL, 2008 DATED : 24TH APRIL, 2008 DATED : 24TH APRIL, 2008 P.C. : P.C. : P.C. : Admit. Heard finally. 2. The impugned order cannot be faulted. Admittedly, the first and second structures mentioned in the notice under Section 351 are illegal. The Appellant undertakes to demolish the same himself on or before 15.6.2008. The undertaking is accepted. In the event of the Appellant not demolishing the same, the Respondents shall do so at the costs of the Appellant. : 2 : 3. As far as item Nos.1 and 2 of the said notice are concerned, Mr.Singh relied upon a city survey map. Admittedly, the map was not produced before the Assistant Municipal Commissioner (AMC). Thus, no fault can be found with the order impugned in the suit. However, it is only with a view to affording the Appellant an opportunity of proving his case before the AMC that the present order is passed. 4. In the circumstances, the Appeal from Order stands disposed of by the following order :- i) The above undertakings for demolition of Items Nos.1 and 2 referred to in the notice under Section 351 are accepted. If the same are not demolished by 15.6.2008, the Respondents shall do so at the Appellant’s costs. ii) The AMC shall afford the Appellant an opportunity of establishing his case in respect of structures 2 and 3 referred to in the notice. A representation to this effect shall be made on or before 15.5.2008 : 3 : iii) The AMC is requested to consider such representation and pass a fresh order. iv) Till the fresh order is passed and for a period of four weeks thereafter, if the same is adverse to the Appellant, the status-quo in respect of structure No.3 referred to in the notice shall be maintained. v) In view of the above order, the suit before the Bombay City Civil Court stands disposed of in terms of this order. 5. Appeal from Order stands disposed of accordingly. The Civil Application thus does not survive which also stands disposed of. ***