: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.988 OF 2008 WITH CIVIL APPLICATION NO.1205 OF 2008 IN NOTICE OF MOTION NO.3 OF 2007 IN L.C.SUIT NO.3478 OF 2007 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.Anil R. Mishra for the Appellant. Mrs.Geeta Joglekar for the Respondent - B.M.C. CORAM : S.J. VAZIFDAR, J. DATED : 29TH SEPTEMBER, 2008. P.C. : 1. Admit and heard finally. 2. By an order dated 15th/16th December, 2006 in L.C. Suit No.305 of 2000, the Appellant herein was granted an opportunity to file an additional reply and the documents and the Assistant Municipal Commissioner (A.M.C.) was directed to consider the same within six weeks and pass a speaking order. The : 2 : Appellant did not avail of the opportunity of filing an additional reply and the documents. Even before me, it is stated that the Appellant does not wish to avail of this opportunity. It is stated that the Appellant is content to proceed before the A.M.C. on the basis of the record as it stood on the date of the said order dated 15th/16th December, 2006. 3. The order impugned in the present suit and the impugned order in this Appeal from Order proceed on the basis that the Appellant not having availed of an opportunity of filing an additional reply and the documents, nothing more was required to be considered. This would be incorrect. The A.M.C. must consider whatever record has already been filed before him. 4. In the circumstances, the Appeal from Order is disposed of with the following order :- i). The impugned order is set-aside. : 3 : ii). The Assistant Municipal Commissioner shall consider the reply and the documents already filed by the Appellant and pass a speaking order as directed by the said order dated 15th/16th December, 2006. iii). The Appellant and/or his advocate shall appear on such date or dates as may be fixed by the A.M.C. for hearing including week days. The Appellant shall appear in the first instance on 13.10.2008 at 11.00 a.m. in the office of the A.M.C. and thereafter as directed to the A.M.C. The parties shall maintain status-quo in respect of the suit structure in all respects. iv). Till the order is passed by the A.M.C. and for a period of eight weeks after service thereof on the Appellant’s advocates or the Appellant, the parties shall maintain status-quo in respect of the suit property. : 4 : v). The suit before the trial Court is accordingly disposed of. The Civil Application is accordingly disposed of.