1 AO-350-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi APPEAL FROM ORDER NO. 350 OF 2011 WITH CIVIL APPLICATION NO. 491 OF 2011 IN NOTICE OF MOTION NO. 2321 OF 2009 IN L.C. SUIT NO. 2856 OF 2009 Municipal Corporation of Greater Mumbai ...Appellant (Orig. Defendant) Vs. Shri Arvind Badriprasad Yadav ..Respondent (Orig. Plaintiff) Mrs. K.K.Soraan, Advocate, for the appellant Mr. V.P.Pandey,Advocate for the respondent. CORAM: J.H.BHATIA,J. DATE : 29th June, 2011. P.C. 1. The Appeal is preferred by the Municipal Corporation against interim protection given in Notice of Motion No. 2321 of 2009 in Suit No.2856 of 2009. The learned Counsel for the plaintiff/respondent makes a statement that the plaintiff intends to withdraw the suit with liberty to make appropriate representation to the Municipal Corporation i.e. Assistant Commissioner, "L" Ward for consideration of legality of the disputed structure in view of the policy and the law. 2 AO-350-11.sxw 2. In view of the above statement, the present Appeal and the Application stand disposed of and the impugned order passed by the trial Court is hereby set aside. The plaintiff/respondent may make representation to the Municipal Corporation within four weeks and the Municipal Corporation shall take decision on that representation within four week thereafter. Till decision and till communication of that decision, the Municipal Corporation shall not act upon the demolition order dated 25.11.2009. (J.H.BHATIA,J.)