ash 1 ao-407.11 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.407 OF 2011 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri M.N. Havnur for the Appellant. Smt. K.K. Soraan for the Respondent. -- CORAM : A.S.OKA, J. DATE : 6TH MAY, 2011 P.C.: . Learned counsel appearing for the Appellant pointed out that after the impugned order was passed, the order dated 18th April, 2011 was passed by the Respondent – Corporation under Section 351 of the Mumbai Municipal Corporation Act, 1888. He states that a Chamber Summons has been taken out for amendment of the Plaint for incorporating a challenge to the action under Section 351 of the said Act. He states that the relief of ad-interim injunction has been denied to the Appellant in the said Chamber Summons. Hence, the Appellant is in the process of preferring an appeal from the said order. He seeks permission to withdraw this ash 2 ao-407.11 Appeal and prays that ad-interim relief may be continued for a reasonable time. 2. The Appeal from Order is accordingly dismissed as withdrawn. 3. All contentions of the Appellant as regards the merits of order under Section 351 of the said Act are kept open. 4. The parties shall maintain status quo as of today in respect of the disputed structure for a period of five weeks from today. 5. Civil Application No.575 of 2011 does not survive and the same is disposed of. (A.S.OKA, J)