1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1340 OF 2008 WITH CIVIL APPLICATION NO.1652 OF 2008 Faiyaz Jilani Shaikh .. Appellant V/s The Municipal Corporation of Greater Mumbai ..Respondents & anr. Mr.Vincent X. D'silva, Advocate, for the appellant Ms.K.K.Soraan, Advocate, for the respondent for MCGM CORAM : R.M.SAVANT, J. DATE : 9TH JANUARY, 2009 P.C. . The above appeal arises out of the Order dated 6th December, 2008 by which order the learned Judge of the City Civil Court, Dindoshi refused to grant any ad-interim reliefs on the ground that the appellant has not filed photo pass though he has claimed that the suit structure is in a slum area. 2 2. The L.C.Suit No.2217 of 2008 has been filed impugning the notice dated 18th November, 2008 calling upon the appellant to produce documents to show that the structure is in existence prior to 1st January, 1995. The appellant is also put to notice that on failure to do so, the Corporation would demolish the structure. Apprehending demolition the Notice of Motion was moved for ad-interim reliefs. 3. The learned counsel for the appellant submits that though, he has produced various documents in support of his case that he is on the suit site since prior to 1st January, 1995, the same have not been considered by the Corporation though, he was asked to produce the same by the said notice dated 18th November, 2008. 4. The learned counsel for the Corporation was not able to show any order passed by the Corporation on consideration of the documents produced by the appellant. 5. In my view, the interest of justice would be served if the respondent-Corporation is directed to consider the documents 3 produced by the appellant and pass the appropriate orders thereon. The above Appeal from Order is, therefore, disposed of in the following directions (a) The appellant would appear before the Colony Officer, H- West Ward, Municipal Building, Bandra (West), Mumbai – 400 050 on 19th January, 2009 and produce the documents on which he relies. (b) The said Colony Officer thereafter to pass an order considering the said documents. The same to be done within a period of two weeks of 19th January, 2009. In case the order is adverse to the appellant, he would be entitled to challenge the same by filing appropriate proceedings. (c) In view of the order passed in the above appeal, the appellant seeks withdrawal of the suit. Accordingly, the appellant makes a statement that he will withdraw L.C.Suit No.2217/2008. (d) The appeal is accordingly disposed of in the aforesaid terms. (R.M.SAVANT, J.)