1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.368 OF 2011 WITH CIVIL APPLICATION NO.513 OF 2011 Mr. Bharat K. Shah ...Appellant. v. The M.C.G.M. ...Respondents. Mr. R.A.Thorat a/w P.J.Thorat i/by Mr. M.R.Yadav, advs. For the Appellant. Ms K.K. Soran, adv. For the Respondent/BMC. CORAM : J.H. BHATIA, J. DATED : JULY 19, 2011. P.C. 1 The learned counsel for the appellant/plaintiff makes a statement that the impugned order on notice under Section 351 was passed by the concerned officer of the respondent even before the reply could be filed by the plaintiff/appellant. He has later on filed the reply and he wants to pursue the said matter with the municipal authorities. Therefore, he only wants that the concerned officer should pass the order on the notice under S.351 after considering the reply and the documents filed by the plaintiff/appellant. The learned counsel for the respondent has no objection. In view of this, the learned counsel for the appellant seeks to withdraw the suit, appeal as well as application. 2 Therefore, this appeal and the application stand disposed off 2 as withdrawn with the direction to the respondent to recall the earlier order and to pass fresh order on the notice issued under Section 351 after considering the reply filed by the plaintiff/appellant; documents, which are filed by him and which may be filed within next two weeks shall also be taken into consideration while passing the order. The concerned officer shall pass the appropriate order within four weeks after production of documents, if any. Till the decision and the communication of the order on the said notice, parties shall maintain status-quo. (J.H. BHATIA,J.)