SM 1 906.ao.558.aa.ca.777.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 558 OF 2011 WITH CIVIL APPLICATION NO. 777 OF 2011 IN APPEAL FROM ORDER NO. 558 OF 2011 Shree Rammandir Trust ....Appellant Versus Municipal Corporation of Greater Mumbai ....Respondent ____________ Shri. P. H. Dharmadhikari for the Appellant. Smt. K. K. Soraan for the Respondent-MCGM. CORAM: J. H. BHATIA, J. DATED : 6 TH JULY, 2011. P.C.: The Plaintiff/Appellant filed L.C.Suit No. 922 of 2010 challenging the Notice and order under Section 351 for demolition of a structure which is used as temple. On refusal of ad-interim relief in Notice of Motion, the Plaintiff had preferred the present Appeal. The learned Counsel for the Plaintiff points out that the said structure, which is used as a temple, is on the open space of a private party and it is not an encroachment on public place. It is not even the contention of the Municipal Corporation that there is any encroachment on the public road. In view of this, the learned SM 2 906.ao.558.aa.ca.777.11 Counsel for the Plaintiff seeks to withdraw the Suit as well as the Appeal with liberty to approach the Assistant Commissioner, 'P' North Ward for regularisation of the said structure. 2. Therefore, these Appeal and Application shall stand disposed of with liberty to the Plaintiff to approach the Assistant Commissioner, 'P' North Ward for regularisation of the structure within four weeks from today. If such application is moved, the Assistant Commissioner, 'P' North Ward shall take appropriate decision on its own merits within eight weeks thereafter. Till such decision is taken, the Municipal Corporation will not act upon the impugned order under Section 351. (J. H. BHATIA, J.)