-: 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. 391 OF 2009 APPEAL FROM ORDER NO. 391 OF 2009 APPEAL FROM ORDER NO. 391 OF 2009 ALONGWITH ALONGWITH ALONGWITH CIVIL APPLICATION NO. 471 OF 2009 CIVIL APPLICATION NO. 471 OF 2009 CIVIL APPLICATION NO. 471 OF 2009 In A.O. No. 391 of 2009 Ibrahim A. Bhavra .. Appellant. (Org.Plaintiff) V/s. Mumbai Metropolitan Region Development Authority .. Respondent (Org.Defendant) --- Mr. Anil Singh i/by D.R.Shah for the Appellant. Mr. Kuldeep S. Patil for the Respondent. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 08th APRIL, 2009 DATED : 08th APRIL, 2009 DATED : 08th APRIL, 2009 P.C. : P.C. : P.C. : 1. Mr.Anil Singh, the learned counsel for appellant makes a statement that if the appellant is given liberty to file representation before the respondent- authority for allotment of additional area of 60 sq.ft. in addition to the premises already allotted with a direction to the respondent to consider the same on merits, nothing will survive in the suit and that the appellant will withdraw the same. 2. Mr.Patil, the learned counsel for the respondent -: 2 :- submitted that if the appellant makes a representation for allotment of additional area of 60 Sq.Ft., the same will be considered by the respondent on merits in accordance with law and relevant policy. 3. In view of the above statements made by the learned counsels on behalf of the respective parties, I dispose of this A.O. by passing following order. ORDER ORDER ORDER i. The Appellant is at liberty to make representation to the Respondent within a period of two weeks from today for allotment of additional area of 60 sq.ft., in addition to the premises admeasuring 225 sq.ft., already allotted to him at Oshiwara Building No.R-14 Room/Shop No.20. ii. In case the appellant makes the representation as stated in para no.1, the respondent shall decide the same on merits, in accordance with the law as expeditiously as possible and in any case within the period of 8 weeks thereafter. iii. The statement of Mr. Anil Singh, the learned -: 3 :- counsel for the appellant that in view of the aforesaid arrangement nothing survives in the S.C. Suit No.361 of 2008 and same will be withdrawn is accepted. iv. Needless to mention that the appellant is at liberty to apply against the respondent’s order disposing appellants’ representation in case the same is adverse to his interest. 4. A.O. is disposed of in the above terms. 5. In view of the disposal of the A.O., nothing survives in the civil application and the same is disposed of as such. (R.V.MORE,J.) .....