1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 2059 OF 2008 FIRST APPEAL NO. 2059 OF 2008 FIRST APPEAL NO. 2059 OF 2008 WITH CIVIL APPLICATION NO.5338 OF 2008 IN L.C. SUIT NO. 1228 OF 2003 G.A.Kalawadia .. Appellant (Orig. Plaintiff) Versus Municipal Corporation of Greater Mumbai.Respondent (Orig.Defendant) Mr. N.N.Vaishnawa, Advocate i/b. M/s. N.N.Vaishnawa & Co.,Advocates, for the appellant. Mr. J.J.Xavier, Advocate, for the Respondent. CORAM: J.H.BHATIA,J CORAM: J.H.BHATIA,J CORAM: J.H.BHATIA,J. DATED: 23rd October, 2008. DATED: 23rd October, 2008. DATED: 23rd October, 2008. P.C. P.C. P.C. 2 1. The plaintiff/appellant contends that he is carrying on business of milk products in the Aarey Colony at Goregaon and the site where his stall is located is earmarked for that purpose by the authorities of Aarey Colony. However, the Municipal Corporation issued notice under Section 314 of the Bombay Municipal Corporation Act asking him to remove the stall on the ground that he had not obtained necessary permission from the Municipal Corporation. The suit filed by the plaintiff was dismissed and hence the present Appeal. 2. After some discussion at the Bar, the learned Counsel for the plaintiff/appellant seeks to withdraw the Appeal with liberty to file an application before the Municipal Corporation for regularisation of his stall and he makes a request for protection for some time. Mr. Xavier, the learned Counsel for the respondent/Municipal Corporation has no objection to the same. 3. Therefore, the Appeal stands disposed of as withdrawn with liberty to the plaintiff/appellant to file an application before the Municipal Corporation for regularisation of the erection of the stall. In case, he makes such an application before the Municipal Corporation within four weeks from today, the respondent 3 shall pass appropriate order as per rules within eight weeks thereafter and till decision on that application, the respondent shall not act upon the impugned notice. In case the application is rejected, the Corporation shall not take action for further two weeks after the decision. However, if the plaintiff/appellant fails to make an application within the stipulated period, the Municipal Corporation shall be at liberty to take action as per the impugned notice. 4. As the Appeal itself is disposed of, the Civil Application does not survive and stands disposed of accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)