-: 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. 372 OF 2009 APPEAL FROM ORDER NO. 372 OF 2009 APPEAL FROM ORDER NO. 372 OF 2009 ALONGWITH ALONGWITH ALONGWITH CIVIL APPLICATION NO. 454 OF 2009 CIVIL APPLICATION NO. 454 OF 2009 CIVIL APPLICATION NO. 454 OF 2009 IN A.O. NO. 372 OF 2009 IN N/MOTION NO.344/2008 IN S.C.SUIT NO.237/08 Dr.Hemant Mehta & Anr. .. Appellants. (Org.Plaintiffs) V/s. The Municipal Corporation of Gr. Mumbai .. Respondent. (Org.Defendant) --- Mr. Birendra Saraf with Mr.H.S.S.Murthy i/by Wadia Ghandy & Co. for the Appellants. Ms. K.K.Soraan for the Respondent. ----- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 28th APRIL, 2009 DATED : 28th APRIL, 2009 DATED : 28th APRIL, 2009 P.C. : P.C. : P.C. : 1. Mr.Saraf, learned counsel appearing for the appellants seeks leave to withdraw the appeal with liberty to file representation before the respondent -corporation for regularisation of notice structure. 2. Ms. Soraan, learned counsel appearing for the respondent-BMC has no objection if the appellant is allowed -: 2 :- to make representation for regularisation. However, she submits that the representation should be made to the Chief Executive Engineer (Building Proposal) Western Suburb, Kandiwali. 3. In view of the above statements of both the learned counsel, the appellant is granted leave to withdraw the appeal with liberty to file representation before the authority mentioned in para -2 above. 4. In the event of the appellants’ filing the representation within the period of four weeks from today, before the authority mentioned above, ( i.e. the competent authority of the respondent/ BMC) the same shall be disposed of within the period of eight weeks thereafter. 5. The parties to the appeal shall maintain status-quo in respect of notice structure for the period of sixteen weeks from today. 6 Needless to mention that the appellants’ representation shall be decided on its own merit and in accordance with law and without being influenced by the order impugned in the present appeal. -: 3 :- 7. Appeal is disposed of as withdrawn with liberty as prayed for. In view of the withdrawal of the appeal, civil application will not survive and the same is disposed of as such. (R.V.MORE,J.) .....