1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 462 OF 2009 ALONG WITH CIVIL APPLICATION NO. 557 OF 2009 Pravinsinh Raghuvirsinh Baghela ... Appellant v/s The State of Maharashtra ... Respondent Mr.A.Y.Sakhare i/by M/s.Y.K.S. Legal for the appellant. Mr.A.R.Patil, A.G.P. for the respondent State. CORAM: SMT.NISHITA MHATRE, J. DATED: 22ND FEBRUARY, 2010 P.C.: 1. The appeal has been preferred against the order passed by the City Civil Court refusing an injunction to the appellant in order to protect his structure. According to the respondent, the structure is situated in a slum area. Notice under Section 3Z(II) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (in short, “the Slum Act”), was issued to the appellant directing him to remove the structure. 2 2. Mr.Sakhare, on instructions from the appellant, seeks to withdraw the appeal from order and to initiate proceedings under Section 35 of the Slum Act. He further submits that the structure should not be demolished for a period of three weeks from today during which time the appellant will prefer an appeal before the appropriate authority. 3. Allowed to be withdrawn with liberty as prayed for. The structure shall not be demolished for a period of three weeks from today. 4. All contentions raised by the appellant in the present appeal from order are kept open. 5. The appeal from order stands dismissed as withdrawn along with the civil application. ..... 3