: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.174 OF 2010 ALONGWITH CIVIL APPLICATION NO.242 OF 2010 Nandkishore Pundalik Chari .. Appellant V/s. The Municipal Corporation of Greater Bombay .. Respondents Mr. C.K. Tripathi for the Appellant. Smt. K.K. Soraan for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 3 RD MARCH, 2010. P.C.: 1. The appellant has approached this Court apprehending that his structure, which is today on a public road, will be demolished. The appellant contends that he is entitled to alternate accommodation since he has been on that site ever since 1979. 2. The Notice of Motion No.1466 of 2009 in L.C. Suit No.1943 of 2009 filed by the appellant- plaintiff has been dismissed on the ground that the appellant-plaintiff had not placed on record any documents to substantiate his case. : 2 : 3. Mrs. Soraan appearing for the respondent- Municipal Corporation submits, on instructions from Mr. Ram M. Bhatia, Sub-Engineer, H/West Ward, A.E. (Maintenance) H/W of the respondent-Municipal Corporation, that the respondent-Municipal Corporation will not demolish the structure without passing appropriate orders. She further states that while passing the order, the concerned officer of the respondent-Municipal Corporation will take into account the documents produced by the appellant and his reply as well. She further states that an order will be passed within a week from today. 4. In these circumstances, in my view, there is no need to entertain the present Appeal from Order. The Appeal from Order is dismissed. 5. In the event, an order adverse to the appellant is passed, the respondent-Municipal Corporation will not act on it for a week after communicating the adverse order to the appellant. : 3 : 6. Mr. Tripathi states that the appellant will withdraw the Suit pending before the trial Court. 7. In view of the above, Civil Application No.242 of 2010 pending in the Appeal from Order does not survive and the same is dismissed as infructuous.