SM 1 904.ao.1265.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1265 OF 2011 WITH CIVIL APPLICATION NO. 1666 OF 2011 IN APPEAL FROM ORDER NO. 1265 OF 2011 Shri. Arun Mahadev Badekar ....Appellant. Versus Municipal Corporation of Greater Mumbai ....Respondent. ____________ Mr. Ditendra Mishra. Ms. K. K. Soraan for the Respondent-BMC. CORAM: R. M. BORDE, J. DATED : DECEMBER 13, 2011. P.C.: The appellant has filed undertaking on record to the effect that, he would maintain the hight of the structure upto 14 feet and would not raise any construction in future above 14 feet hight. The undertaking placed on record is accepted. 2. In view of the undertaking filed by the appellant, the present 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. 3. The counsel appearing for the appellant informs that, he would instruct his client to withdraw the suit. (R. M. BORDE, J.)