: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.918 OF 2009 ALONGWITH CIVIL APPLICATION NO.1145 OF 2009 Manoj Mohanlal Goradia .. Appellant V/s. The Municipal Corporation of Greater Mumbai .. Respondent Mr. M.M. Vashi for the Appellant. Smt. K.K. Soraan for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATED : 15 TH DECEMBER, 2009. P.C.: 1. The Appeal from Order is directed against the order dated 26th August, 2009 passed by the City Civil Court, Dindoshi, Mumbai in Notice of Motion take out in L.C. Suit No.1238 of 2008, by which the Notice of Motion filed by the appellant-plaintiff has been dismissed. The appellant-plaintiff contends that he is the owner of some stalls which are situated on plot bearing C.T.S. No.1237, 1237/1 to 22. According to him, the structures are being demolished by the respondent-Municipal Corporation without following the provisions of law. He : 2 : contends that these stalls have been let out to several occupants and he is collecting rent from them. 2. The learned Advocate for the respondent- Municipal Corporation states that the stalls will not be demolished without following due process of law. 3. In view of the statement made by the learned Advocate for the respondent-Municipal Corporation, on instructions from Mr. Amit Arun Lad, Junior Engineer, Building Department, K/West Ward, of the respondent-Municipal Corporation, who is present in Court, nothing survives in this Appeal from Order and the same is dismissed. 4. In view of the above, Civil Application No.1145 of 2009 pending in the Appeal from Order does not survive and the same is dismissed. .......