1 AO 293 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.293 OF 2011 Sarvarali Sayyed Ali .. Appellant -versus Municipal Corporation of Greater Mumbai and ors .. Respondents. MR. R.V. Pai i/b Mr. S.M. Kamble, for the appellant. Mr. Mr. Aniruddha Joshi i/b Apollo Moghe, for respondent No.3. Mrs. K.K. Saran, for respondent Nos 1 and 2. Ms. Shamin A Khot, respondent No.4 in person. CORAM: A. S. OKA, J. DATED: 13th April, 2011 P.C. 1. Heard learned counsel for the appellant. I have also heard learned counsel for the respondent Nos 1 & 2 and for respondent No.3 2. Learned counsel appearing for the appellant, in view of the findings recorded by the trial Court in the impugned order as regards the applicability of Section 149 of the Maharashtra Regional Town Planning Act, 1966, seeks permission to withdraw this Appeal from Order, with liberty to adopt appropriate proceedings in accordance with law. He also seeks continuation of ad interim relief granted on 11th March, 2011 by this Court, for a period of four weeks. The said 2 AO 293 OF 2011 prayer is opposed by respondent No.4 appearing in person. Prayer is also opposed by learned counsel for third respondent. 3. In view of the finding of the trial Court, a reasonable opportunity will have to be granted to the appellant to adopt appropriate proceedings. Appeal from Order is dismissed as withdrawn with liberty as prayed for. All the contentions on the merits of the dispute are kept open. Ad interim relief granted by this Court on 11th March,2011 will continue to operate for a period of four weeks from today. 4. Civil Application No.420 of 2011 does not survive and the same is disposed of accordingly. (A.S. OKA, J.)