IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 237 OF 2008 WITH CIVIL APPLICATION NO. 287 OF 2008 MRS. SUNANDA R. SAWANT ..APPELLANT V/S THE MUNICIPAL CORPORATION OF GR. MUMBAI & ORS. ..RESPONDENTS SMT. NEETA KARNIK, ADVOCATE, FOR THE APPELLANT. MRS. GEETA JOGLEKAR, ADVOCATE, FOR RESPONDENT NOS. 1 AND 2. MR. H. TUR WITH MS. KAVITA ANCHAN, ADVOCATES, I/BY M.V. KINI & CO. FOR RESPONDENT NOS. 3 TO 5. CORAM: CORAM: CORAM: J.H. BHATIA, J. J.H. BHATIA, J. J.H. BHATIA, J. DATE DATE DATE : 17TH MARCH, 2008. : 17TH MARCH, 2008. : 17TH MARCH, 2008. P.C. 1. After the argument by the learned counsel for the plaintiff - appellant came to an end, Mr. Tur, learned Advocate for respondent nos. 3 to 5, on : 2 : instructions made a statement that the impugned notice was issued by the Chief Welfare Officer on 25-10-2007 and that this is not a notice which the Commissioner is expected to issue to the occupant under section 105-B of the Bombay Municipal Corporation Act, 1988. According to him the notice is yet to be issued and thereafter the plaintiff/appellant will have opportunity to reply to the notice and the Commissioner will have to follow the procedure laid down in Chapter 5A of the Bombay Municipal Corporation Act, 1988. In view of this statement, the learned counsel for the plaintiff/appellant seeks withdrawal of the appeal as well as the suit before the trial court. 2. The Appeal stands disposed of as withdrawn. The plaintiff/appellant shall also withdraw the suit. In view of this, the Civil Application does not survive and stands disposed of accordingly. The Municipal Commissioner shall be at liberty to issue notice under section 105-B of the Bombay Municipal Corporation Act and take apprpriate action. All the contentions of both the parties are left open. The : 3 : parties shall maintain status quo till the Municipal Commissioner passes the appropriate orders under Chapter 5A of the Bombay Municipal Corporation Act. As the suit is being withdrawn in view of the statement made by the learned counsel for the Respondent Nos. 3 to 5, the impugned order passed by the trial court shall have no effect. (J. (J. (J. H. BHATIA, J) H. BHATIA, J) H. BHATIA, J)