: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1121 OF 2009 Sanjay S. Kasikar & Anr. ... Appellants V/s. Municipal Corporation of Greater Mumbai ... Respondent Mr.R.A. Thorat for Appellants Mrs.J.J. Xavier for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: NOVEMBER 10, 2009 P.C.: 1. The grievance of the appellants is that the Notice of Motion filed by him in Suit No.460 of 2008 has been dismissed without reply having been filed by the Municipal Corporation. 2. After the matter was heard for some time, Mr.Xavier, appearing for the Corporation, submits that since no details have been given in Item 6 of the order of Assistant Municipal Commissioner as to whether the suit structure is a censused structure, the Assistant Municipal Commissioner will give a fresh hearing to the appellant on the issue as to whether the suit structure is a censused structure. The statement made by Mr.Xavier is accepted. 3. In the event the appellants are aggrieved by the order which may be passed : 2 : by the Assistant Municipal Commissioner with respect to whether the structure is censused, the appellants may challenge that in appropriate proceedings. Till the Assistant Municipal Commissioner takes a decision in the matter, the suit structure shall not be demolished. 4. According to Mr.Xavier, the appellants will be informed of the date when the matter will be heard by the Assistant Municipal Commissioner and when they should produce all the necessary documents indicating that the suit structure is censused. Mr.Xavier states that the Assistant Municipal Commissioner will pass necessary orders within eight weeks after the first date of hearing. 5. In the event the order is adverse to the appellants, it shall not be acted upon for a period of two weeks from the date of communication of the order. 6. Appeal from Order is disposed of accordingly. In view of the Appeal being disposed of, nothing remains in the Civil Application No. of 2009 and the same also stands disposed of.