1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1320 OF 2008 FIRST APPEAL NO. 1320 OF 2008 FIRST APPEAL NO. 1320 OF 2008 WITH CIVIL APPLICATION NO. 3288 OF 2008 IN L.C.SUIT NO. 3927 OF 2005 Dinesh Jagnarayan Shah ... Appellant (orig. Plaintiff) Vs. The Municipal Corporation of Gr.Mumbai ... Respondents (Orig. Defendants) Mr. M.D.Pokale, Advocate, for the appellant. Mr. J.J.Xavier, Advocate, for the respondents. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 5th August, 2008. DATE: 5th August, 2008. DATE: 5th August, 2008. P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. 2. The plaintiff/appellant had filed L.C.Suit No.3927 of 2005 challenging the notice under Section 314 of the B.M.C. Act and the consequential order passed by the 2 Municipal Assistant Commissioner. The Municipal Corporation had not filed any written statement. However, the suit came to be dismissed. The plaintiff has preferred the present Appeal challenging the dismissal of the suit. 3. In view of the circumstances, with consent of the learned Counsel for both parties, the Appeal is allowed. The impugned order is hereby set aside. The Respondent - Municipal Corporation is allowed to file written statement before the trial Court within 8 weeks from today and thereafter the trial court shall hear and dispose of the suit as per law. Both the parties shall be at liberty to lead evidence. 4. The ad-interim relief which was granted by the trial Court prior to the dismissal of the suit shall continue to be in force till the final disposal of the suit. 5. As the Appeal itself is disposed of, the Civil Application does not survive and stands disposed of accordingly. 3 (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)