1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1100 OF 2009 WITH CIVIL APPLICATION NO. 1353 OF 2009 IN NOTICE OF MOTION NO. 2129 OF 2007 IN L.C.SUIT NO.2330 OF 2007 Archana H.Mehta & Anr. ... Appellants (Org.Plaintiffs) Vs. Municipal Corporation of Gr.Bombay Respondents (Org.Defendants) Mr. Dhamesh R. Shah, Advocate, for the appellants. Smt. K.K.Saraan, Advocate for the B.M.C. CORAM: J.H.BHATIA, J. DATE : 15th March , 2010. P.C. 1. Heard the learned Counsel for the parties. 2. The appellant had filed Suit No.2330 of 2007 with Notice of Motion No.2129 of 2007 before the City Civil Court challenging the notice issued by the Municipal Corporation against unauthorised construction of a toilet block in the flat. The Notice of Motion was rejected and this Appeal was filed. 2 3. The learned Counsel for the appellants seeks to withdraw the Appeal and states that the appellants shall also withdraw the suit as they have already moved an application before the Municipal Corporation for regularization of the said structure. That application is still pending before the Municipal Corporation. The learned Counsel for the Municipal Corporation makes a statement that the said application will be decided within 4 weeks from today. 4. In view of these circumstances, the Appeal stands disposed of as withdrawn. The respondent-Municipal Corporation shall not act upon the said notice till the application filed by the appellants for regularization of the said structure is finally disposed of. In case the order on the said application is adverse to the appellants, the said order shall not be acted upon for a further period of 2 weeks from the date of communication of the order. 5. As the Appeal itself is disposed of, C.A. No.1353 of 2009 does not survive and stands disposed of accordingly. (J.H.BHATIA,J.)