1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.1102 OF 2009 Madiwalappa G.Loni ...Petitioner vs. Solapur Municipal Corporation Solapur and others ...Respondents Mr.G.S.Godbole i/b Mr.Jai Kanade for the petitioner Mr.V.B.Naik for respondent no.1 CORAM :A.S.OKA,J. DATE : AUGUST 25, 2009 P.C. 1 The learned counsel for the first respondent- municipal corporation on instructions states that the first respondent-municipal corporation will not act upon the notice dated 13th December 2007 (Exh.A to this petition) as the first respondent-corporation intends to serve a notice under section 260 of the Bombay Provincial Municipal Corporations Act,1949. The statement is accepted. 2 In view of the aforesaid statement, now there is no apprehension that the suit structure will be demolished on the basis of the said notice dated 13th December 2007 and the subsequent communication dated 18th March 2008 (Exh.G to the petition). 3 Perusal of the plaint filed by the petitioner shows 2 that the entire cause of action is based on the notice dated 13th December 2007. Now, a statement has been made that the said notice will not be acted upon and a fresh notice will be issued in accordance with law. Therefore, the cause of action for the suit filed by the petitioner will not survive. The suit is disposed of with liberty to the petitioner to file a fresh suit in the subject matter of the present suit for claiming the same reliefs which are claimed in the present suit. Writ Petition is accordingly disposed of. Notwithstanding the disposal of the writ petition, it will be open for the first respondent to issue a notice under section 260 of the Bombay Provincial Municipal Corporations Act,1949 and it will be open for the petitioner to contest the said notice. All contentions of both the parties in that behalf are expressly kept open. JUDGE