1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION APPEAL APPEAL APPEAL FROM ORDER NO. 888 OF 2007 FROM ORDER NO. 888 OF 2007 FROM ORDER NO. 888 OF 2007 IN NOTICE OF MOTION NO. 261 OF 2007 IN S.C. SUIT NO. 318 OF 2007 Mr. Barnard Victory Kinny .... Appellant Vs. The Municipal Corporation of .... Respondents Greater Mumbai Ms. Vidya Manjarekar h/f Mr. D.M. Shah for Appellant. Ms. Geeta Joglekar for BMC. CORAM CORAM CORAM : J.H. BHATIA, J. : J.H. BHATIA, J. : J.H. BHATIA, J. DATE DATE DATE : 11TH DECEMBER, 2007 : 11TH DECEMBER, 2007 : 11TH DECEMBER, 2007 P.C. 1) This appeal is against the refusal of ad-interim reliefs against the Notice of demolition issued by the Municipal Corporation. The Notice of Motion is still pending before the Trial Court and the learned Counsel for the parties inform that the matter is fixed for hearing on 20th December 2007. Learned Counsel for the Respondents makes a statement that the Respondents will not take any action on the impugned notice till 31st December 2007. Learned Counsel for both the parties also make a statement that they will not seek any 2 adjournment before the Trial Court on 20th December 2007. 2) It is expected that, in view of this, the Notice of Motion may be disposed of on or before 31st December 2007. In view of this statement, learned counsel for the Appellant seeks to withdraw the appeal. The appeal stands disposed of as withdrawn. ( J.H. BHATIA, J.) J.H. BHATIA, J.) J.H. BHATIA, J.)