1 ao804-11 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.804 OF 2011 IN NOTICE OF MOTION NO.1643 OF 2011 IN BCCC LONG CAUSE SUIT NO.1540 OF 2011 Chothmal Devichand Mehta & Anr. ..Appellants. V/s. Municipal Corporation of Greater Bombay ..Respondent. Mr. A.R. Pande for appellants. Ms. K.K. Soran for respondent-MMC. Mr.Shrinivas P.Karnik, Junior Engineer 'D' ward, Bldg. & Factory present. CORAM : SMT. R.S. DALVI, J. DATED : 25TH AUGUST, 2011 P.C. :- 1. The appellants have challenged a notice dated 23/5/2011 issued by the respondent for unauthorized change of user of the premises from residential to commercial premises. The appellants are the landlord and tenant. The appellants' premises is commercial at present. It is contended by the M.M.C. that it was initially residential premises. Hence appellants have been directed to discontinue the user 2 ao804-11 for commercial purpose, failing which the M.M.C. has notified the appellants that they will take necessary action under Section 347C of the M.M.C. Act. Counsel appearing on behalf of the MMC, upon taking instructions from the officer who is present in the Court, states that action would not be demolition of the appellants premises directly. Notice under Section 347C would involve criminal prosecution against the appellants and that would be with due process of law which the appellants can defend. The demolition, if any, will be only after issuance of notice under Section 351 of the M.M.C. Act and following due legal procedure. This statement is accepted. Upon this statement, counsel for the appellants seeks permission to withdraw the appeal. The appeal is allowed to be withdrawn. Counsel on behalf of the appellants states that he shall withdraw the suit in the City Civil Court, Bombay. (SMT. R.S. DALVI, J)