1 AO-1093-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi APPEAL FROM ORDER NO. 1093 OF 2010 WITH CIVIL APPLICATION NO. 1348 OF 2010 IN NOTICE OF MOTION NO. OF 2010 IN L.C. SUIT NO. 212 OF 2009 Akhtar Khatun Shaikh & Ors. ... Appellants/Orig.Plaintiffs Vs. Municipal Corpn. of Greater Mumbai. Respondents/Orig.defendants Mr. A.M.Saraogi, Advocate, for the appellants. CORAM: J.H.BHATIA,J. DATE : 21st September, 2010. P.C. 1. The appellants have preferred this Appeal against the dismissal of Notice of Motion in Suit No.212 of 2009 wherein notice under Sec. 314 of the Bombay Municipal Corporation Act was challenged. The learned Counsel only wants that the plaintiffs/appellants be given an opportunity of producing the documents in support of their continuous possession over the disputed site. 2. After some discussion, the learned Counsel for the parties agree that the Appeal may be disposed of with the following directions :- 2 AO-1093-10.sxw The plaintiffs/appellants shall file the representation/reply to the notice under Section 314 of B.M.C. Act before the Assistant Municipal Commissioner, "G" South Ward, within two weeks from this day and the concerned officer shall hear the parties and pass appropriate orders within one month thereafter. Till then, the Municipal Corporation shall not act upon the impugned notice. The plaintiffs shall also withdraw the suit from the City Civil Court. 3. The Appeal and the Civil Application stand disposed of accordingly. (J.H.BHATIA,J.)