1 AO No.902/09 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.902 of 2009 Kalyan Dombivli Municipal Corporation ... Appellant versus Somvasu Arya Kshatriya Samaj & ors. ... Respondents ... Mr. A.S. Rao for the appellant Mr.S.M.Kamble for respondent no.1A to E. Mrs.S.A.Mudbidri for respondent no.3. CORAM : D.G. KARNIK, J DATED : 24th November 2010 P.C. 1. In view of the fact that an appeal lies against the bill issued by the appellant municipal corporation under section 406 of the BPMC Act, learned counsel for respondent nos.1A to 1E (original plaintiffs) seeks leave to withdraw the suit bearing Special Civil Suit no.31 of 2007 with liberty to challenge the bill by filing a municipal appeal. Leave granted. 2. Learned counsel for the appellant states that in the event the appeal is filed within four weeks from today, appellant would not raise an objection regarding limitation and concede to the application for condonation of the delay. Statement is recorded and accepted. 2 AO No.902/09 3. In view of the provision for appeal, respondent is allowed to withdraw Special Civil Suit No.31 of 2007 filed by it. Suit stands disposed of as withdrawn with liberty to file a municipal appeal challenging the bill/ taxation. 4. By way of a limited order it is directed that the appellant shall not take any coercive steps for recovery of the bill for a period of four weeks from today and if the appeal is filed within the period of four weeks thereafter to enable the appellant to seek appropriate orders from the appellate court. In view of the withdrawal of the suit, appeal does not survive and is disposed of. (D.G.KARNIK, J)