: 1 : 1512-11-fa=.sxw UJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1512 OF 2011 IN L.C. SUIT NO. 3091 OF 2009 WITH CIVIL APPLICATION NO. 2005 OF 2011 Shri Kamlesh L. Rathod .. Appellant v/s. The Municipal Corporation of Gr. Bombay .. Respondents ......... Mr. A.K. Saxena for the appellant Mr. Vinod Mahadik for respondent BMC ......... CORAM : A.V. NIRGUDE, J DATE : 5th DECEMBER,2011. P.C. : 1. The appellant plaintiff has filed this appeal against the judgment and order dated 2nd February, 2011 passed by the learned Judge, City Civil Court, Dindoshi, Bombay in L.C. Suit No.3091 of 2009. The appellant plaintiff had filed this suit protecting the suit structure from getting demolished without following due process of law. The respondent Corporation did not file written statement to oppose the suit however, the learned Judge clearly held that the appellant plaintiff proved the existence : 2 : 1512-11-fa=.sxw of the structure and so the appellant deserved protection of the suit structure. 2. However, during the pendency of the suit, the appellant admittedly received Notice under Section 53 and 55 of the M.R.T.P. Act. A copy of which was not brought on record but the learned Counsel for the appellant handed over to me copy of the same. The same is taken on record. It appears that through this Notice the Corporation have initiated proceeding for demolition of the suit structure. In view of this act of the respondent defendant, the apprehension of the appellant plaintiff that his structure would be demolished without following due process of law has come to an end. The purpose of filing of this suit thus stand achieved. There is no need now to keep the suit and appeal pending. The appeal stands dismissed. The appellant plaintiff is given liberty to adopt appropriate legal proceedings for challenging the notice etc. In view of this, Civil Application stands disposed of. (A.V. NIRGUDE, J.)