1 909-1422-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1422 OF 2010 WITH CIVIL APPLICATION NO.1759 OF 2010 Shri Jayprasad R. Bangera .. Appellant Vs. Municipal Corporation of Greater Mumbai .. Respondent. Mrs. A.S.Malvankar, for the Appellant. Mrs. K.K.Soran, for the Respondent. CORAM : B.R.GAVAI, J. DATE : 7th JANUARY, 2011. P.C.: 1 The Appellant challenges the order dated 22nd January, 2010 thereby refusing the ad-interim relief. 2 909-1422-10.sxw 2 The suit has been filed by the Appellant challenging the notice issued by Respondent under section 55 of the MRTP Act, dated 20th October, 2010. 3 It is the contention of the Appellant that the suit premises were in existence even prior to 1968. It was the contention of the Appellant/Plaintiff that though the notice was duly replied by the Plaintiff, the suit structure was demolished without giving any opportunity of hearing to the Plaintiff. 4 The learned counsel for the Appellant fairly conceded that in the event, this court is inclined to direct the Respondent-Municipal Corporation to give an opportunity of hearing in pursuance to the notice dated 20th October, 2010, the Plaintiff would withdraw the suit. 5 In view of the above, Appeal is disposed off with a direction to the Dy. Municipal Commissioner (Zone-III) of Respondent- Corporation to give a hearing to the Petitioner in respect of notice dated 20th September, 2010. It is further directed that the said authority shall pass appropriate orders in accordance with the law and shall dispose off the same within the period of three months from today. 3 909-1422-10.sxw 6 It is further directed that until further orders are passed by competent authority, the parties shall maintain status-quo as of today. In view of the statement made by the learned counsel for the Appellant, L.C.Suit No.2358 of 2010 pending before the City Civil Court, Borivali Division, Dindoshi, Bombay shall stands disposed off as withdrawn. (B.R.GAVAI, J.)