: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.361 OF 2008 WITH CIVIL APPLICATION NO.424 OF 2008 IN NOTICE OF MOTION NO.224 OF 2008 IN L.C.SUIT NO.87 OF 2008 Ramnath Thakur Singh ....Appellant V/s. Bombay Municipal Corpn. & Anr. ....Respondents Mr.K.K. Pandey for the Appellant. Mrs.Geeta Joglekar for Respondent No.1. Mr.R.P. Oza for Respondent No.3. CORAM : S.J. VAZIFDAR, J. DATED : 25TH APRIL, 2008. P.C. : 1. Admit and heard finally. 2. The only ground on which I am inclined to entertain this Appeal from Order is that the order impugned in the suit proceeds on the basis that the Appellant had contended that allegedly offending structure was on CTS No.17 (part). On this basis, the order of the Assistant Commissioner holds that the Appellant had not established that it was a tolerated structure. In fact in reply to the notice under : 2 : Section 351 of the B.M.C. Act, it was specifically stated that the structure was on CTS No.24 (part). This would make a difference in the decision. 3. I must clarify that it was also contended on behalf of the Respondents that the structures earlier constructed on the site of the suit structure had also been demolished and that the present structure had been illegally constructed thereafter. I express no opinion about the merits and other contentions raised on behalf of the Respondent. These are aspects which the Assistant Municipal Commissioner, K/East Ward will consider afresh. 4. In the circumstances, the Appeal from Order is disposed of by the following order :- i). The Assistant Municipal Commissioner, K/East Ward shall consider the Appellant’s case afresh and pass a fresh order. Needless to add that all the contentions are kept open. ii). The Appellant shall appear before the Assistant Municipal Commissioner K/East Ward in the first instance at 12.00 noon on : 3 : 5.5.2008 and thereafter, if necessary, as directed by the Assistant Municipal Commissioner K/East Ward. iii). Pending the decision and for a period of six weeks after the service of the order on the Appellant, no action shall be taken against the suit structure if the order is adverse to the Appellant. iv). The suit filed in the Bombay City Civil Court is also accordingly disposed of.