.. 1 .. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.380 OF 2009 ALONGWITH CIVIL APPLICATION NO. 561 OF 2009 Rajtej B. Khot .... Appellant V/s. Pushpa K. Nirmal & Ors. .... Respondents Mr. R.H. Mody alongwith Aruna Mehta i/b S. Phatak & Association for the appellant. Mr. Nagendra Shukla for respondent no.1; Ms. K.K. Sorran for respondent no. 2-BMC. CORAM : R.V. MORE, J. DATED : 22ND APRIL 2009. P.C. Mr. Shukla learned counsel appearing for respondent no. 1 makes a statement that respondent no. 1 is not concerned with CTS No. 2785 and his structure is located on CTS No. 2784. He further states that except present structure, the respondent no.1 will not encroach upon the appellant’s property namely CTS No. 2785. SKT/- .. 2 .. 2. In view of the statement made by learned counsel for the respondent no. 1, nothing survives in the Appeal from Order and same is disposed of accordingly. 3. In view of the disposal of the above appeal from order, the Civil Application No. 561 of 2009 will not survive and the same is also disposed of. (R.V. MORE, J.) SKT/-