1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1270 OF 2009 ALONG WITH CIVIL APPLICATION NO. 1590 OF 2009 Mr.Ralph Miranda ... Appellant v/s Municipal Corpn. Of Gr. Mumbai ... Respondent Mr.Anil R. Mishra for the appellant. Mr.J.J.Xavier for the Corporation. CORAM: SMT.NISHITA MHATRE, J. DATED: 27TH JANUARY, 2010 P.C.: 1. The appellant has challenged the order dated 23.10.2008 issued by the Assistant Commissioner, H/East Ward, in which the appellant was informed that he has carried out excess work beyond the scope of the repair permission granted to him. 2. Mr.Xavier appearing for the Corporation, on instructions from Sanjiv V. Pradhan, Sub-Engineer, Building & Factory, H/East Ward, states that the Corporation will not 2 demolish the structures mentioned in the notice dated 23.10.2008, without following the due process of law. 3. In view of this statement made by Mr.Xavier, which is accepted, nothing survives in the appeal from order and stands dismissed along with the civil application. ..... 3