IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO. 745 OF 2008 WITH CIVIL APPLICATION NO.874 OF 2008 Mr. Peter C. Dcosta ...Appellant. v. The M.C.G.M. & Anr. ...Respondents. Mr.P.M.Havnur i/by M.N.Havnur. advs. For the Applicant. Mr.J.Xaxier, adv. For the Respondent No.1/BMC. Shri Birendra Saraf with Ms.S.T.Shaikh and Andrea Lobo i/by S.K.Srivastav and Co., advs. for the Respondent No.2. CORAM : J.H. BHATIA, J. DATED : APRIL 7, 2010 P.C. 1 After some discussion at the bar, the learned counsel for the appellant, who is original plaintiff, on instructions from the appellant seeks to withdraw the appeal with the request that he may be allowed to continue in possession of the disputed structure upto 31st December, 2010. The learned counsel for the respondents have no objection to the same. In view of this, appeal stands disposed off as withdrawn with permission to the plaintiff/appellant to retain the possession of the disputed structure till 31st December, 2010 subject to condition that he and all the adult members of his family shall file an undertaking before this Court within two weeks that they shall vacate the structure and - 2 - leave the campus and shall not induct a new person or create any third party interest. The Respondent no.2 shall also file an undertaking within two weeks from this date that they would not create any obstructions in demolition of the said structure by the B.M.C. as per the impugned notice. The BMC shall be at liberty to execute the notice for demolition immediately from 1st January, 2011. 2 Appeal as well as civil application stand disposed off accordingly. (J.H. BHATIA,J.) IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO. 746 OF 2008 WITH\ CIVIL APPLICATION NO.875 OF 2008 Smt. Gyandevi S. Pandey ...Applicant. v. The M.C.G.M. & Anr. ...Respondents. Mr.P.M.Havnur i/by M.N.Havnur. advs. For the Applicant. Mr.J.Xaxier, adv. For the Respondent No.1/BMC. Shri Birendra Saraf with Ms.S.T.Shaikh and Andrea Lobo i/by S.K.Srivastav and Co., advs. for the Respondent No.2. CORAM : J.H. BHATIA, J. DATED : APRIL 7, 2010 P.C. 1 After some discussion at the bar, the learned counsel for the appellant, who is original plaintiff on instructions from the appellant seeks to withdraw the appeal with the request that she may be allowed to continue in possession of the disputed structure upto 31st December, 2010. The learned counsel for the respondents have no objection to the same. In view of this, appeal stands disposed off as withdrawn with permission to the plaintiff/appellant to retain the possession of the disputed structure till 31st December, 2010 subject to condition that she and all the adult members of her family shall file an undertaking before this Court within two weeks that they shall vacate the structure and - 2 - leave the campus and shall not induct a new person or create any third party interest and the Respondent no.2 shall also file an undertaking within two weeks from this date that they would not create any obstructions in demolition of the said structure by the B.M.C. as per the impugned notice. The BMC shall be at liberty to execute the notice for demolition immediately from 1st January, 2011. 2 Appeal as well as civil application stand disposed off accordingly. (J.H. BHATIA,J.) IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO. 747 OF 2008 WITH CIVIL APPLICATION NO.876 OF 2008 Shri Ramchandra J. Sherpali ...Applicant. v. The M.C.G.M. ...Respondents. Mr.P.M.Havnur i/by M.N.Havnur. advs. For the Applicant. Mr.J.Xaxier, adv. For the Respondent No.1/BMC. Shri Birendra Saraf with Ms.S.T.Shaikh and Andrea Lobo i/by S.K.Srivastav and Co., advs. for the Respondent No.2. CORAM : J.H. BHATIA, J. DATED : APRIL 7, 2010 P.C. 1 After some discussion at the bar, the learned counsel for the appellant, who is original plaintiff on instructions from the appellant seeks to withdraw the appeal with the request that he may be allowed to continue in possession of the disputed structure upto 31st December, 2010. The learned counsel for the respondents have no objection to the same. In view of this, appeal stands disposed off as withdrawn with permission to the plaintiff/appellant to retain the possession of the disputed structure till 31st December, 2010 subject to condition that he and all the adult members of his family shall file an undertaking before this Court within two weeks that they shall vacate the structure and - 2 - leave the campus and shall not induct a new person or create any third party interest and the Respondent no.2 shall also file an undertaking within two weeks from this date that they would not create any obstructions in demolition of the said structure by the B.M.C. as per the impugned notice. The BMC shall be at liberty to execute the notice for demolition immediately from 1st January, 2011. 2 Appeal as well as civil application stand disposed off accordingly. (J.H. BHATIA,J.)