1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.743 OF 2009 IN NOTICE OF MOTION NO.796 OF 2009 IN L.C.SUIT NO.1374 OF 2009 Ashok Birbal Singh Thakur ..Appellant V/s. The Municipal Corporation of Greater Mumbai ..Respondent ---- Mr.B.P. Shukla for the appellant. Mrs.K.K.Soram for the respondent/Corporation. ---- Coram : R.S.MOHITE,J Date : 29th July, 2009. PC 1 This appeal is directed against an order passed below Exhibit-5 refusing ad-interim injunction. The injunction sought was an injunction restraining the Corporation from demolishing the plaintiff’s structure except by due process of law. The ad-interim injunction is rejected on the ground that the identity of the structure is not clear from the record. I find from the plaint the area of the structure and the address is given. In addition, the Advocate for the appellant has handed over a duly signed photograph today to the Advocate appearing for the Corporation. He states that the injunction is sought only in respect of the structure shown in the photograph. Advocate for the Corporation states 2 that if suit itself is withdrawn, then the demolition in respect of the structure shown in the photograph is not undertaken except due process of law. The statement is accepted. In view of the acceptance of the statement, Advocate for the appellant agrees to withdraw this appeal as well as suit. The Appeal as well as the Suit are therefore, dismissed as withdrawn. It is recorded that the statement is made by the Advocate for the Corporation after taking instructions from the Junior Engineer Mr.Pradeep Jangum who is present in the Court today. The City Civil Court to pass formal orders as regards the dismissal of the suit. (R.S.MOHITE,J)