FARAD CONTINUATION SHEET NO: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE APPEAL FROM ORDER NO.1312 OF 2008 APPEAL FROM ORDER NO.1312 OF 2008 APPEAL FROM ORDER NO.1312 OF 2008 Along with Along with Along with Civil Application No.1608 of 2008 Civil Application No.1608 of 2008 Civil Application No.1608 of 2008 -----------------------------------:------------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : -----------------------------------:------------------------------------- Mr.H.S.Anand i/b Mrs Sarita Dande, for the appellant. Mr J.J.Xavier, for respondent no.2. Ms Shilpa Gajare, AGP, for respondent nos 1 and 2. Mr R.A.Thorat, i/b P.J.Thorat, for respondent no.5. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. DATED: 22nd JANUARY, 2009 DATED: 22nd JANUARY, 2009 DATED: 22nd JANUARY, 2009 P.C.: . Heard learned counsel for the parties. . Mr.Anand, learned counsel for the appellant, prays for withdrawal of this appeal in view of the order dated 18.12.2008 passed by this Court. The order dated 18.12.2008 is thus:- "Mr Thorat, the learned counsel on behalf of respondent no.5 makes the statement that no further construction work will be carried out and that only the tenantable repairs or the repairs for which the permission of the B.M.C. is not required will be carried out. In other words he states that any construction for which the permission is required will be carried out only after obtaining such permission. The B.M.C. is at liberty to inspect the suit premises pursuant to the complaints made by the appellant." . It is always open to the appellant to take out appropriate proceedings for committing breach, if any, of the aforesaid order passed by this court. It is also open to the BMC to take appropriate action if they find any unauthorised construction is being made by the respondents. . At this stage, Mr Thorat, learned counsel for respondent no.5, submits that the respondents have constructed only upto 4th floor and there is no 5th floor either constructed or being constructed as observed by the trial court in the impugned order. His statement is accepted. . With these observations, Appeal from order is disposed of as withdrawn. Consequently, the civil application stands disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)