SM 1 905.ao.1109.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1109 OF 2011 WITH CIVIL APPLICATION NO. 1478 OF 2011 IN APPEAL FROM ORDER NO. 1109 OF 2011 Mushraf Khan Mehbulla Khan and another ....Appellants. Versus The Maharashtra Housing Area Development Authority ....Respondent. ____________ Mr. C. K. Tipathi for the Appellants. Mr. S. P. Thorat for the Respondent. Ms. K. K. Soraan for the Respondent-BMC. CORAM: R. M. BORDE, J. DATED : OCTOBER 13, 2011. P.C.: On perusal of the order as well as the documents annexed to the Appeal from Order, there appears to be some entitlement of appellant no. 1. Sofar as the appellant no. 2 is concerned, there is no prima facie evidence in respect of his entitlement to the tenement. The counsel appearing for the MHADA submits that if the appellant no. 1 tenders some proof in support of his contention, his case can be reconsidered. The counsel appearing for the appellant no. 1 informed that his client would tender necessary documentary evidence before the Executive Engineer, Ward-F South, Mumbai within a period of two weeks from today. On presentation of necessary documents, the concerned authority shall reconsider the case of the appellant no. 1 and shall render decision as expeditiously as possible, preferably within a period of four weeks thereafter. The respondent-MHADA shall not take any adverse action for a period SM 2 905.ao.1109.11 of 8 weeks from today. 2. In view of the above directions, the instant Appeal from Order shall stands disposed of. In view of disposal of the Appeal from Order, pending Civil Application does not survive and stands disposed of accordingly. (R. M. BORDE, J.)