: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.76 OF 2010 Amrutlal Karamshi Patel ... Appellant V/s. Assistant Engineer, Vasai & Ors. ... Respondents Mr.N.V. Gangal for Appellant Mr.A.R. Patil, AGP, for Respondent Nos.1 to 4 CORAM: SMT.NISHITA MHATRE, J. DATED: FEBRUARY 3, 2010 P.C.: 1. The appellant is aggrieved by the order dated 17.11.2009. By this order, the trial Court refused to grant any interim relief to the appellant. The suit has been filed by the appellant contending that the structure which is mentioned in the notice dated 23.10.2008 issued to Defendant Nos.1 to 5 is illegal and unauthorised. Admittedly, the appellant has not been issued a notice nor has he been heard by the authorities i.e. Respondent Nos.1, 3 and 4. Respondent Nos.1, 3 and 4 have issued the aforesaid notice only to Defendant Nos.1 to 5, mentioning that the structure is unauthorised as it is within 20 metres from the centre of the road. It is also mentioned therein that the existence of this unauthorised structure obstructs the construction of a bridge from the railway gate No.40. : 2 : 2. In view of the fact that the appellant has not been issued any notice in respect of the structure which is admittedly in his occupation, the order cannot be sustained. The learned AGP appearing for respondent Nos.1, 3 and 4 states on instructions from Shri Dongre, Sectional Engineer that the appellant will be issued a notice within two weeks from today in accordance with law. He further states that the appellant will be given a personal hearing and would be permitted to produce documents and other material to establish his case. 3. In view of this statement of the learned AGP on instructions which is accepted, nothing survives in the appeal from order. Appeal is disposed of accordingly. However, the suit structure shall not be demolished till the respondents issue a notice and pass appropriate orders on that notice and for a period of one week thereafter.