IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No 3119 of 1999 For Approval and Signature: Hon'ble MR.JUSTICE M.H.KADRI and Hon'ble MR.JUSTICE D.P.BUCH ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- AHMEDABAD MUNICIPAL CORPORATION Versus ROLLER'S MILLS INDIA -------------------------------------------------------------- Appearance: MR BP TANNA for Petitioner MS SUDHA R GANGWAR for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE M.H.KADRI and MR.JUSTICE D.P.BUCH Date of decision: 02/08/2000 ORAL JUDGEMENT The appellant-Ahmedabad Municipal Corporation has filed this appeal under Section 411 of the Bombay Provincial Municipal Corporations Act, 1949 (for short, 'the Act') challenging the judgment and order dated 29.11.1990 passed by the learned Judge, Small Causes Court, Court No.4 at Ahmedabad in Municipal Valuation Appeal No.5580/89 whereby the learned Judge, while allowing the appeal, set aside the assessment made by the Appellant-Corporation for the premises belonging to the respondent situated in Ward Odhav-B bearing F.P.No.67, 770, 75, 123/227/228 (M.C. No.227/228) for the Assessment Years 1986-87. 1987-88 and 1988-89. During the course of hearing of the appeal, learned Advocate Ms. Sudha Gangwar made a statement at the Bar that the respondent had accepted the assessment made by the Corporation and has paid the amount of property tax. Hence nothing survives to be done in this appeal. 2. In view of the statement made by the learned Advocate for the respondent, the impugned order of the learned Judge, Small Causes Court, Court No.4, Ahmedabad is quashed and set aside and the appeal is accordingly allowed. There shall be no order as to costs. 2.8.2000 [M H Kadri, J.] [D P Buch, J.] msp.