1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.712 OF 2011 WITH CIVIL APPLICATION NO.960 OF 2011 Shri Vilas Ramchandra Chavan, .. Appellant Vs Municipal Corporation of Gr Bombay .. Respondent S/Shri A.M.Saraogi, i/by. S.R.Dube and Mr Manoj Shukla, for the appellant. Smt.K.K.Soraan, for the respondent. CORAM: J.H.BHATIA,J. DATE : 29/07/2011 PC: 1. Mentioned. Matter not on Board. Taken on Board on request by learned counsel for the parties. Heard the learned counsel for the parties. 2. This Appeal is preferred by the original plaintiff against rejection of Notice of Motion challenging the Notice and the order passed thereon by the concerned Assistant Municipal Commissioner. The learned counsel for the plaintiff points out that by the two letters dated 24.12.1980, office of the Controller of Slum Development Bombay and B.S.D, had recognized that the suit structure of the plaintiff-appellant was declared as slum and it was censused in the year 1976. However, these two T 2 letters were not produced by the plaintiff along with his reply at the time of hearing of the notice under section 351 of the BMC Act and, therefore, these documents could not be considered. The learned counsel for the respondent states that the concerned officer will reconsider in the light of these two documents. In view of this, the learned counsel for the plaintiff- appellant seeks to withdraw the Appeal, Application as well as suit from the trial Court with liberty to go back to the concerned Assistant Municipal Commissioner, N Ward, Mumbai, for reconsideration of the reply in the light of these two letters. 3. The Appeal, Application and L.C.Suit No.474 of 2011 from the trial Court stand disposed of as withdrawn. 4. The plaintiff-appellant may approach the concerned Assistant Municipal Commissioner within two weeks and produce these documents along with affidavit. The concerned officer shall hear and pass appropriate orders after considering these documents within four weeks thereafter. Till the decision on the said notice, the Municipal Corporation shall not act upon the impugned notice. (J.H.BHATIA, J.) 3