1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.30 OF 2009 Babita w/o Pandurang Ranpise .....Appellant V/s. Anil Suryabhan Tembre and Ors. ..... Respondents Mr.S.S.Lanke, for the appellant. Mr.S.S.Redekar, for respondent No.1. Mr.Suresh Patil i/by M/s.Otangale & Co., for respondent No.2. Mr.Anand Patil a/w Mr.Nitesh Mishra i/by M/s.Divya Shah & Co., for respondent No.3. Smt.K.K.Soraan, for the respondent – B.M.C. CORAM :P.B.MAJMUDAR, J. DATE : SEPTEMBER 15, 2009 P.C. 1. By way of this Appeal from Order under Section 43 of Code of Civil Procedure, the appellant who is the original plaintiff has challenged the order passed by 2nd Ad-Hoc Additional Judge, City Civil Court at Bombay, dated 14-10-2008. By the said order, the trial Court has found that the plaintiff has failed to make out any prima facie case against the defendants. It is held that prima facie as per the documents on record, she has accepted money from the defendants by selling old structure and now she wants to claim the premises in the newly constructed building under the scheme on the ground that she was in occupation and eligible to have alternate accommodation. The Trial Court found that the plaintiff is 2 not entitled to get premises in newly constructed building. 2. The learned counsel for the appellant vehemently submitted that the name of the plaintiff is already there in Annexure No.2 and she has not received any money from the defendant and that the documents are not genuine. At this stage, the learned counsel for the appellant submitted that the appellant would like to go before the High Power Committee to point out his case appropriately. Considering the said aspect, the appellant is permitted to make an application before the High Power Committee within a period of four weeks from today. The High Power Committee may thereafter, try to dispose of the application of the appellant in accordance with law and after considering the evidence on record, may take appropriate decision preferably within a period of six months from the receipt of the application from the appellant. Needless to say that the High Power Committee shall take decision on its own without influenced by the order of the Trial Court which is challenged in this appeal from order. The learned counsel for the respondent No.3 submitted that whatever may be the decision of the High Power committee, the same will be complied with subject to their rights and contentions. 3. The learned counsel for the appellant submitted that the suit has now become infructous and he would like to withdraw the suit. 3 The Court is informed that the suit is fixed for hearing on 05-10-2009. The Trial Court after hearing both the sides, may dispose of the suit in view of the statement made by the learned counsel for the appellant herein. Writ to be sent to the Trial Judge immediately. 4. Subject to what has been stated above, Appeal from Order is disposed of. 5. Parties to act on an authenticated copy of this order. (P.B.MAJMUDAR, J.)