1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.711 OF 2011 WITH CIVIL APPLICATION NO. 959 OF 2011 Shri Vishwas Ramchandra Chavan, .. Appellant Vs Municipal Corporation of Gr Bombay .. Respondent AND APPEAL FROM ORDER NO.713 OF 2011 WITH CIVIL APPLICATION NO. 961 OF 2011 Shri Vilash Ramchandra Chavan, .. Appellant Vs Municipal Corporation of Gr Bombay .. Respondent S/Shri A.M.Saraogi, i/by. S.R.Dube and Mr Manoj Shukla, for the appellant. Smt.K.K.Soraan, for the respondent. CORAM: J.H.BHATIA,J. DATE : 29/07/2011 PC: 1. Mentioned Appeal from order no.713 of 2011. This matter not on Board. Taken on Board on request by learned counsel for the parties. Heard the learned counsel for the parties in both these appeals. 2. These Appeals are preferred by the original plaintiff against rejection of the Notice of Motion challenging the Notice and the order passed thereon by the concerned Assistant Municipal Commissioner. The learned counsel for the plaintiff points out that by a letter dated 24.12.1980, office of the Controller of Slum Development, Mumbai and BSD, had T 2 recognized that the suit structure of the plaintiff-appellant was declared as slum and it was censused in the year 1976. However, this letter was not produced by the plaintiff along with his reply at the time of hearing of the notice under section 351 of the BMC Act and, therefore, this document could not be considered. The learned counsel for the respondent states that the concerned officer will reconsider in the light of the said document. In view of this, the learned counsel for the plaintiff- appellant seeks to withdraw these Appeals, Applications as well as suits from the trial court with liberty to go back to the concerned Assistant Municipal Commissioner, Mumbai for reconsideration of the reply in the light of the said letter. 3. These Appeals from order, Applications and L.C.Suit No. 476 of 2011 and L.C.Suit No.475 of 2011 from the trial Court stand disposed of as withdrawn. 4. The plaintiff-appellant shall approach the concerned Assistant Municipal Commissioner within two weeks and produce the said document along with affidavit. The concerned officer shall hear and pass appropriate orders after considering the said document within four weeks thereafter. Till the decision on the said notice, the Municipal Corporation shall not act upon the impugned notice. (J.H.BHATIA, J.) 3 4