1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.643 OF 2009 WITH CIVIL APPLICATION NO.808 OF 2009 IN NOTICE OF MOTION (EXHIBIT) NO.2 IN L.C.SUIT NO.2852 OF 2009 Mr.Shaikh Rauf ..Appellant V/s. The Municipal Corporation of Greater Bombay ..Respondents Mr.S.K.Dubey for the appellant. Mrs.R.R.Soraan for the respondent/Corporation. ---- Coram : R.S.MOHITE,J Date : 31st July, 2009. PC 1 The present appellant has filed a suit bearing L.C. Suit No.2852/2009 in the City Civil Court. On perusal of the plaint, it appears that the challenge is to the Notice dated 19.11.2008 which calls upon the appellant to remove certain construction which is alleged to be un-authorised. Notice mentions that if said construction is not removed then action will be taken in accordance with law. It does not appear to be a Notice issued under Section 351 of BMC Act or any other provisions of Act. Advocate for the Corporation states that if liberty is granted to take action in accordance with law then Corporation will not 2 take any steps to demolish the structure unless such action is taken. Statement is accepted. Advocate for the appellant states that in view of the acceptance of the statement, he seeks liberty to withdraw the Appeal as well as Suit. Appeal as well as Suit therefore, stand dismissed as withdrawn. City Civil Court to pass formal order in that regard. Corporation will be at liberty to take action against allegedly un-authorised structure in accordance with law and they will not demolish the structure unless the said action is complete. CIVIL APPLICATION NO.808 OF 2009 1 As appeal has been withdrawn, Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3