1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1392 OF 2009 WITH CIVIL APPLICATION NO. 3810 OF 2009 Mangesh Manohar Kadam .. Appellant Vs The Municipal Corporation of Greater Mumbai and another .. Respondents ALONGWITH FIRST APPEAL NO. 1473 OF 2009 WITH CIVIL APPLICATION NO. 3959 OF 2009 Charu Bhupendra Shah .. Appellant Vs The Municipal Corporation of Greater Mumbai and another .. Respondents ALONGWITH FIRST APPEAL NO. 1474 OF 2009 WITH CIVIL APPLICATION NO. 3961 OF 2009 RMA fa1392-09&1473-09,1474-09&1475-09.s xw 2 Ujjwal Kaur Harjitsingh Davar .. Appellant Vs The Municipal Corporation of Greater Mumbai and another .. Respondents ALONGWITH FIRST APPEAL NO. 1475 OF 2009 WITH CIVIL APPLICATION NO. 3960 OF 2009 Mr. Kiran Ratilal Gohil .. Appellant Vs The Municipal Corporation of Greater Mumbai and another .. Respondents Mr. N.R. Bubna for the Appellant Mr. J.J. Xavier, Advocate for BMC CORAM : MRS. MRIDULA BHATKAR, J. DATE : 6th November, 2009 P.C.: 1. The learned counsel for the appellant submits that suit premises which is the subject matter of four appeals are protected by Government Notification as Slum and hence, notice under Section RMA fa1392-09&1473-09,1474-09&1475-09.s xw 3 351 of BMC should not have issued. He points out that this aspect was not considered by the authority. The learned counsel for the appellant seeks permission to withdraw all these appeals and seeks permission to make representation to the Assistant Commissioner, “R” Central Ward, BMC within the period of 15 days along with all documents. 2. The learned counsel for the respondents has no objection if the time bound programme is given by this court. 3. In view of these submissions, following order is passed : O R D E R 1. The appellant is allowed to withdraw all the appeals with liberty to make representation to the Assistant Commissioner, “R” Central Ward, BMC till 20th November, 2009 and said authority shall take decision after hearing the parties and after scrutiny of all the papers on or before 16th December, 2009 and communicate the said decision on or before 4th January, 2010. 2. Till 15th January, 2010, the structures are protected. RMA fa1392-09&1473-09,1474-09&1475-09.s xw 4 3. In default and not making representation by the appellant, the order of protection stands vacated. 4. In view of this order, all the four appeals and all civil applications are disposed of. (MRS. MRIDULA BHATKAR, J) RMA fa1392-09&1473-09,1474-09&1475-09.s xw