1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER STAMP NO.4528 OF 2009 WITH C.A.ST.NO.4530 OF 2009 IN A.O.ST.NO.4528 OF 2009 Mr. Tushar Joshi and anr. ..Appellants. Vs. The Municipal Corporation of Gr. Mumbai and anr. ..Respondents. Mr. J. Reis i/by Yadunath Choudhary for the Appellants. Mrs.K.K.Soraan for the B.M.C. CORAM : R.S. MOHITE, J. DATE : 16/10/2009 PC : 1 Heard both sides. 2 The learned counsel for the Respondent No.1 tender a decision of the Corporation in respect of the suit structure contained in the letter dated 24.9.2009 addressed to the appellants. Perusal of the same shows that there are reciprocal obligations to be discharged 2 by the appellants and the respondents. In as much as the Appellants undertake to be bound by terms and conditions to be complied by the appellants contained in the letter dated 24.9.2009. Corporation shall also be bound by their representations in respect of allotment of sites, permission to construct and other permission to be obtained by B.M.C. as contained in the said letter. B.M.C. Shall not be entitled to change the location allotted under letter dated 24.9.2009. The Corporation shall not demolish the existing structure until the structure at the allotted site is constructed and completed in all respect. However, this will not preclude the appellants to apply to the Municipal Commissioner for shifting the structure to be constructed few feet away from the footpath on Gulmohar Road in case of any unforeseen difficulty. In view of the allotment letter dated 3 24.9.2009, nothing survives in the suit show cause notice dated 13.1.2009 being Exhibit P to the plaint and the parties shall be bound by the said allotment letter dated 24.9.2009. 2 In view of the above decision of the B.M.C. the Advocate for the appellants-plaintiffs states that plaintiffs will withdraw their suit bearing L. C. Suit No.336 of 2009 pending in the City Civil Court, Mumbai. City Civil Court to pass a formal order in this regard. Appeal stands disposed off. CIVIL APPLICATION ST. NO.4530 OF 2009 1 As the main appeal is disposed off, this civil application for injunction does not survive and the same is also disposed off. ( R.S.MOHITE, J. )