1 928 fa.315.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION FIRST APPEAL NO. 315 OF 2011 Baban Maruti Titakare. ... Appellant Versus The Municipal Corporation of Gr. Mumbai. ... Respondent ----- Mr. B.P.Shukla for the Appellant. Mr. N.V.Walawalkar, Senior Counsel, i/b Mr. Vinod Mahadik for the Respondent / BMC. ----- CORAM : A.S.OKA, J. DATE : 14 th October, 2011. P.C. 1 The learned senior counsel appearing for the Respondent on instructions of the Respondent states that the notice under Section 314 of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as “the said Act”) , which is the subject matter of challenge in the suit may be permitted to be withdrawn with liberty to issue a fresh notice under Section 314 of the said Act. He states that a decision has been taken by the Respondent to withdraw the notice. 2 928 fa.315.11 2 I have heard the learned counsel appearing for the Appellant. 3 As notice under Section 314 of he said Act has been agreed to be withdrawn, even the order passed on the said notice will become inoperative. The request made by the learned senior counsel appearing for the Respondent deserves to be acceded to. In view of the withdrawal of the notice, the suit will not survive and the same will have to be disposed of. 4 Hence, I pass the following order: i. The Respondent is permitted to withdraw the notice under Section 314 of the said Act which is subject matter of challenge in the suit with liberty to issue fresh notice under Section 314 of the Mumbai Municipal Corporation Act, 1888. Consequently, the order of demolition passed on the basis of the said notice has become inoperative and in-executable. 3 928 fa.315.11 ii. Hence, the impugned decree is quashed and set aside and the suit is disposed of as infructuous ; iii. All contentions of the parties on the fresh notice which may be issued by the Respondent are expressly kept open ; iv. The appeal is allowed on above terms ; and v. The Civil Application No.538 of 2011 does not survive and the same is disposed of. [ A.S.OKA, J ]