ata 1 65.fa.1289.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.1289 of 2011 The Moon Star Properties Pvt Ltd, Developers ... Appellant vs. St. Sebastain Homes C. S. Ltd & Ors ...Respondents Mr. Anil A. Rao,for the Appellant. Mr. Vinod Mahadik i/b Shri. R. A. Malandkar,for the Respondent No.4. CORAM : A.S. OKA, J DATED : 4TH AUGUST, 2011 P.C. In view of Clause (3) of the operative order of the impugned decree which directs the Municipal Corporation to initiate proceedings Under section 351 of the Bombay Municipal Corporation, Act, 1888, the Appellant seeks permission to withdraw the Appeal. The Appeal is accordingly dismissed as withdrawn. 2 It is obvious that 4th Respondent Corporation shall not pass order on the notice Under section 351 of the said Act, without giving an opportunity to the Appellant of filing reply to the said notice. 3 The Civil Application No. 2856 of 2011 does not survive and is disposed of. ( A.S. OKA, J )