: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER (ST.) NO.12687 OF 2008 WITH CIVIL APPLICATION (ST.) NO.12688 OF 2008 IN NOTICE OF MOTION NO.704 OF 2003 IN L.C.SUIT NO.833 OF 2003 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.B.N. Pandhare for the Appellant. Mrs.Geeta Joglekar for the B.M.C. CORAM : S.J. VAZIFDAR, J. DATED : 4TH JUNE, 2008. P.C. : 1. It appears that the order under Section 3(Z) of the Slum Act has been passed. A copy thereof is in fact annexed to the compilation. The Appellant is always at liberty to challenge the same in accordance with law. Prima-facie the learned Judge is right in holding that Section 42 of the Slum Acta is a bar to : 2 : the maintainability of the suit. 2. The impugned order and this order will not affect the merits of any contentions that the Appellant may raise in appropriate proceedings. 3. In the circumstances, the Appeal from Order is dismissed. 4. The Civil Application is also dismissed.