IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO. 552 OF 2007 APPEAL FROM ORDER NO. 552 OF 2007 APPEAL FROM ORDER NO. 552 OF 2007 IN NOTICE OF MOTION NO. OF 2007 IN S.C. SUIT NO. 2363 OF 2007 Juned Usman ... Appellant vs. M.M.R.D.A. ... Respondents Mr. Jitendra J.Shah, Advocate, for the appellant Mr. Kuldeep S. Patil,Advocate, for the respondents. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 14th January,2008. DATE: 14th January,2008. DATE: 14th January,2008. P.C. P.C. P.C. 1. The record reveals that on 9th July,2007, after arguments at some length, the learned Counsel for the appellant had made a statement on behalf of the appellant that the appellant would give an undertaking to remove the structure which is the subject matter of the suit, within a period of six weeks from the date of undertaking. The matter was adjourned for one week for filing an undertaking. It appears that thereafter the undertaking was not filed and the matter also did not appear on board for about five months. 2. Today, Mr. J.J.Shah, Advocate for the appellant submits the undertaking of the appellant dated 16th July, 2007, marked "X" for identification. In view of that undertaking, he had given an undertaking to the Court to remove the structure within 8 weeks from that date. However, neither that undertaking was filed before the Court nor he has removed the strucure so far. Now, the learned Counsel seeks four weeks’ time from this date to remove the structure in terms of the said undertaking. 3. Mr. Patil, learned Counsel for the respoondents makes a statement that the respondents shall not take any action for four weeks. In view of the above, the Appeal stands disposed of. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)