SM 1 904.ao.1329.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1329 OF 2011 WITH CIVIL APPLICATION NO. 1731 OF 2011 IN APPEAL FROM ORDER NO. 1329 OF 2011 Mr. Vijay Dadaji Patil ....Appellant. Versus Municipal Corporation of Greater Bombay and another ....Respondents. ____________ Mr. Sanjay Sahadeo i/b Anabhawane i/b M & S Legal Ventrures for the Respondents. Ms. K. K. Soraan for the Respondent-BMC. CORAM: R. M. BORDE, J. DATED : NOVEMBER 30, 2011. P.C.: The counsel appearing for the appellant submits that he would tender an undertaking to the Assistant Commissioner, M- East Ward, Sharabdbhau Acharya Marg, Chembur, Mumbai to the effect that the appellant would demolish the structure beyond 14 ft. high on his own within eight days from today. The appellant shall demolish structure as per the undertaking that would be tendered by him before the appropriate authority within stipulated period. In the event of failure of demolishing the structure as per the undertaking by appellant it would be open for the respondent authority to demolish the structure as per notice. 2. With these observations, appeal from order stands disposed of. In view of disposal of the appeal from order, pending civil application does not survive and stands disposed of SM 2 904.ao.1329.11 accordingly. 3. The counsel appearing for the appellant undertakes that he would instruct his client to withdraw the suit. (R. M. BORDE, J.)