1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.36 OF 2011 WITH CIVIL APPLICATION NO.44 OF 2011 Vinod Sadanandan ...Appellant. v. M.C.G.M. ...Respondents. Mr. Mohan B. Jadhav , adv. For the Appellant. Ms K.K.Soran, adv. For the Respondent/BMC. CORAM : J.H. BHATIA, J. DATED : JULY 12, 2011. P.C. 1 Plaintiff/appellant had preferred this appeal against refusal of ad-interim relief pending the notice of motion. The learned counsel for the plaintiff/appellant points out that while refusing the ad-interim relief , the trial Court had noted statement of the advocate for the defendant/Municipal Corporation to the effect that notice was only in respect of mezzanine floor , which was unauthorised and in view of that statement, the trial Court had refused ad-interim relief. However, later on after refusal of ad-interim relief, on 1st April, 2011, the Municipal Corporation has demolished the complete structure including ground floor , which was completely illegal and against the statement made before the trial Court. Anyhow, in view of these changes, the learned 2 counsel for the appellant wants to withdraw this appeal and the application with liberty to move an application for amendment in the plaint in the suit seeking relief of mandatory injunction for restoration of the structure, which was not in dispute. 2 Appeal and the application stand disposed off as withdrawn with the aforesaid liberty. (J.H. BHATIA,J.)