1 AO-292-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi APPEAL FROM ORDER NO. 292 OF 2011 WITH CIVIL APPLICATION NO. 419 OF 2011 IN NOTICE OF MOTION NO. 1573 OF 2009 FROM B.C.C.C.SUIT NO. 649 OF 2009 Mr. Waman Ramchandra Madaye ... Appellant (Orig. Plaintiff) Vs. Municipal Corporation of Gr.Bombay ... Respondent (Orig. Defendant) Mr. A.A.Kumbhakoni i/b. Mr. Jagdish N.Jayale,Advocates, for the appellant Mrs. K.K.Soraan, Advocate for the respondent. CORAM: J.H.BHATIA,J. DATE : 4th July, 2011. P.C. 1. Heard. 2. While rejecting Notice of Motion No.1573 of 2009, the learned trial Court observed in para 10 that admittedly the agreement dated 4.1.1960 as well as the deed of assignment dated 8.1.1992 were not produced before the Assistant Municipal Commissioner with the reply by the plaintiff/appellant and hence the 2 AO-292-11.sxw Assistant Municipal Commissioner could not peruse the said documents. In view of this, the learned Counsel for the plaintiff/appellant seeks to withdraw the present appeal and application as well as the suit from the trial Court with liberty to approach the Assistant Municipal Commissioner again to consider his reply in the light of the aforesaid documents. The learned Counsel for the Municipal Commissioner has no objection to the same. 3. Therefore, the appeal and the application stand disposed of as withdrawn with aforesaid liberty. 4. The plaintiff/appellant shall appear before the concerned Assistant Municipal Commissioner within two weeks along with necessary documents and the concerned Assistant Municipal Commissioner shall consider the reply of the plaintiff in the light of the said documents and take decision on the notice within six weeks thereafter. 5. If the plaintiff appears before the Asst. Municipal Commissioner within stipulated period with documents, the parties shall maintain status quo till decision on the impugned notice and communication of the said order to the plaintiff. (J.H.BHATIA,J.)