1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.809 OF 2009 IN NOTICE OF MOTION NO.1379 OF 2005 IN B.C.C.S.C.SUIT NO.1681 OF 2005 Mr.Jagdish Shivram Ghadi & Ors. ..Appellants V/s The Municipal Corporation of Gr.Mumbai & Anr. ..Respondents ---- Mr. Vijay J.Hegde for the appellants. Mr.A.S.Uraijee for respondent no.2. Mrs.K.K.Soraan for B.M.C. ---- Coram : R.S.MOHITE,J Date : 20th August, 2009. PC 1 After hearing the parties at length, Advocate appearing for the appellants states that he will withdraw this appeal as well as the suit if he is allowed to make a representation to the effect that he is entitled for an alternate accomodation in view of Government Resolution dated 11.7.2001. He states that he should be given this opportunity since the impugned order does not consider the question as to whether he is entitled to such alternate accomodation. This course of action is acceptable to all parties. Advocate for the 2 plaintiff states that he makes the statement after taking instructions from his client. Statement is accepted. In the circumstances, Appeal as well as Suit are dismissed as withdrawn. If however, the plaintiff makes any representation for alternate accomodation within two weeks from today to the Assistant Municipal Commissioner, K-East Ward, then such a representation for alternate accomodation will be considered on its own merits in accordance with law and the same should be decided within a period of four weeks from the date of receipt. Advocate for the Corporation states that for a period of two weeks from today and in case any representation is received, till the disposal of the said representation, the final order of demolition, which is now confirmed, will not be given effect. City Civil Court to pass a formal order regarding dismissal of the suit in the suit proceedings. (R.S.MOHITE,J) 3