1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.823 OF 2010 WITH CIVIL APPLICATION NO.1031 OF 2010 Mr. Vasu M. Shetty ...Appellant. v. M.C.G.M. ...Respondents. Mr. A.M.Sarogi , adv. For the Appellant. Ms K.K.Soran, adv. For the Respondent No.1. Mr. Abhijeet Kandarkar, adv. For the R.No.2. CORAM : J.H. BHATIA, J. DATED : JULY 12, 2011. P.C. 1 The appeal is preferred against the rejection of the notice of motion in L.C. Suit No.2205 of 2009. According to the plaintiff/appellant, he is running business of pan bidi shop in the disputed structure. The Municipal Corporation threatened to demolish the same without service of any notice. According to the Corporation, notice under Section 55 of the M.R.T.P. Act was served. However, today the learned cousnel for the respondent/Municipal Corporation on written instructions makes a statement that the Corporation does not have any record about the issuance or service of notice under Section 55 of the M.R.T.P. Act to the plaintiff/appellant. She also makes a statement that Municipal 2 Corporation will not act otherwise than by due process of law. According to her, structure was demolished but this fact is denied by the learned counsel for the plaintiff/appellant and according to him, structure is still in existence at the spot. In fact, in paragraph 4 of the impugned order , the trial Court noted that the Municipal Corporation has also admitted that under the guise of the status-quo order, plaintiff/appellant had re- constructed the premises. Even if the construction was demolished, it was illegal because no notice was served as per law and as now the structure has been re-constructed, it will have to be protected till the action is taken as per law. 2 At this stage, in view of the statement made and assurance given by the learned counsel for the Municipal Corporation that no action will be taken against the structure otherwise than as per law, the learned counsel for the plaintiff/appellant seeks to withdraw the suit, appeal and application. 3 Appeal and application stand disposed off as withdrawn in view of the aforesaid statement. (J.H. BHATIA,J.)