1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 783 OF 2008 W I T H CIVIL APPLICATION NO. 941 OF 2008 IN APPEAL FROM ORDER NO. 783 OF 2008 Kiran Dayashankar Jani .......Appellant Verus M/s.Tanvi Constructions P.Ltd and Ors. ........Respondents Mr.Vijay Thorat, Senior Counsel i/by.Shri.R.S.Yadav, adv.for appellant. Mrs.V.C.Khatri i/by. Shri.S.K.Sharm, adv.for respondents no.1 and 2. Coram: Smt.R.P.SondurBaldota, J. Dated : 7 th August, 2008. P.C. : 1. Heard the parties. Mrs.Khatri, the learned counsel for the respondent makes a statement that the respondent will not dispossess the appellant without following due process of law. This statement is being made without prejudice to the respondents claims and contentions qua the suit property. There is already a notice issued under Section 351 of Municipal Corporation Act by the Municipal Corporation to the appellant in respect of the suit structure. The Assistant Municipal Commissioner 2 has passed an order confirming the action under the show cause notice. Mr.Thorat, the learned counsel for the appellant makes a statement that the total area in occupation of the appellant today is 1,650 sq.ft. The appellant has filed S.C.Suit No.979 of 2008 to challenge the order of the Assistant Municipal Commissioner. The respondent has taken out a Chamber Summons in that suit for impleading itself as party defendants to the suit. It appears that the respondent has also filed an application for review of the order dated 3rd June, 2008 passed in Appeal from Order (St) No.12747 of 2008 arising out of the challenge to the notice under Section 351 of the M.M.C.Act. 2. Mr.Thorat, concedes that in view of the statement made by the respondent, nothing survives in the appeal from order as well as the suit. Hence, the following order is passed. 3. The Appeal from order is disposed off. In view of the disposal of the Appeal from Order, the Civil Application does not survive and the same is also disposed off accordingly. Suit No.1035 of 2008 stands withdrawn by the appellant, in view of the statement. [Smt.R.P.SondurBaldota, J]