1 AO-603-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 603 OF 2011 WITH CIVIL APPLICATION NO. 828 OF 2011 Smt. Sangeeta Somanath Koli ... Appellant (Org.Plaintiff) vs. Municipal Corporation of Greater Bombay Respondents (Org. defendants) Shri P.M.Havnur,Advocate for the appellant. Mrs. K.K.Soraan, Advocate, for the respondents CORAM: J.H.BHATIA,J. DATE : 11th July, 2011. P.C. 1. Heard the learned Counsel. 2. In L.C.Suit No.599 of 2011, the plaintiff had taken out Notice of Motion for temporary injunction. As the ad-interim relief was refused, the plaintiff had approached this Court in A.O. No.207/2011. In that Appeal, an oder was passed on 1.4.2011 restraining the respondents from demolishing the suit structure without following due process of law. It appears that according to the respondent, on 25.3.2011, a notice was actually served , but there was no reply and then the order was passed on 18.4.2011 for demolition. According to the 2 AO-603-11.sxw plaintiff, the notice dated 25.3.2011 was actually not served on the plaintiff and it appears to have been affixed on some adjoining property of which the plaintiff has no knowledge and therefore, she could not file any reply. 3. In view of the above circumstances, after some discussion, the learned Counsel for the plaintiff/appellant seeks to withdraw the suit, the appeal and the application with liberty to file reply to the notice dated 25.3.2011 before the concerned Assistant Municipal Commissioner, P/North ward, so that after hearing him appropriate order on merits may be passed. 4. In view of the above, the appeal and the application stand disposed of with liberty to the plaintiff/appellant to file reply to the notice dated 25.3.2011 before the Assistant Municipal Commissioner, P/North Ward, within two weeks from this day and to produce all the relevant documents in support of the same. The concerned Assistant Municipal Commissioner shall hear and pass an order on the same within four weeks from the date of reply. Till such order is passed, the status quo shall be maintained. (J.H.BHATIA,J.)