1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 243 OF 2008 APPEAL FROM ORDER NO. 243 OF 2008 APPEAL FROM ORDER NO. 243 OF 2008 WITH CIVIL APPLICATION NO. 293 OF 2008 IN L.C.SUIT NO. 456 OF 2008 ROHAN KISHOR CHAND ARORA ... APPELLANT (Org. Plaintiff) Versus THE MUNICIPAL CORPORATINO OF GREATER MUMBAI. ... RESPONDENTS (Org. Defendants) Mr. RakeshM. Pandey, Advocate, for the appellant. Mrs. Geeta Joglekar, Advocate, for the Respondents. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 19th March,2008. DATE: 19th March,2008. DATE: 19th March,2008. P.C. P.C. P.C. 1. Heard learned Counsel for the parties. 2 2. The original plaintiff has preferred the Appeal against the order dated 11.3.2008 passed by the trial Court rejecting the prayer for interim relief pending the Notice of Motion. According to the plaintiff-appellant, his house is in existence since prior to 1960 and he has got all the documents to show that it is an old construction. According to him, there is a conveyance deed in his favour. He received notice dated 7.3.2008 under Section 354A of the Bombay Municipal Corporation Act and he apprehends that the Municipal Corporation may demolish the structure which is lawful. The impugned order reveals that on behalf of the Municipal Corporation, a statement was made before the trial Court that the plaintiff has filed the reply to the said notice and no final order is passed on that reply and it was contended that in view of this, there was no urgency in the matter. 3. In view of this position of fact, the learned Counsel for the respondent - Municipal Corporation makes a statement that the Corporation will not act upon the impugned notice till the decision is taken on the reply submitted by the plaintiff-appellant and in case the decision goes against him, the Corporation will not take action for a further period of three weeks thereafter so that Notice of Motion may be finally heard and disposed of by the trial Court. She further makes a statement 3 that in case the decision is already taken on the reply, the same shall be communicated to the plaintiff-appellant and the Corporation shall not take any action on that notice for three weeks from the date of communication to the appellant so that Notice of Motion may be heard and disposed of. The statements are accepted. 4. In view of this, the learned Counsel for the appellant seeks to withdraw the Appeal. The Appeal stands disposed of as withdrawn. 5. As the Appeal itself is disposed of, the Civil Application does not survive and hence it stands disposed of accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)