1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.705 OF 2009 WITH CIVIL APPLICATION NO.880 OF 2009 Vijay Sonmal Mali ..Appellant V/s. The Municipal Corporation of Greater Mumbai ..Respondents ---- Mr.R.A.Thorat with Prashant Surve for the appellant. Mr.J.J.Xavier for the BMC/Corporation ---- Coram : R.S.MOHITE,J Date : 21st July, 2009. PC 1 This is an Appeal from Order filed by the original plaintiff who is aggrieved by the refusal of ad-interim injunction. The plaintiff has filed the suit against the Corporation for a permanent injunction from demolishing the premises being a shop premises admeasuring 10’ x 25’ having height of 18 feet situated in survey no.1, Hissa No.12(part), village Oshiwara, Taluka Andheri, being shop no.2 at Kismat Compound, Opp. Madina Hotel, Behram Baug, Jogeshwari (West), Mumbai-400 102, without due process of law. 2 It appears that regarding the said structure a notice under Section 354-A was given on 23.2.2008. Counsel appearing for the appellant submits that the construction is now 2 complete. He states that since the construction is complete, further proceedings can only be taken in accordance with law and if any such proceedings are taken, he is ready to face such proceedings. He states that if the Corporation makes a statement that they will take proceedings of demolition in accordance with law, then he is willing to withdraw this Appeal as well as Suit. He has produced a photograph indicating the completion of construction which is taken on record and marked “X” for identification. A copy of this photograph has been given to the Advocate for the Corporation. Advocate for the Corporation states that Corporation will take action after giving notice under Section 351 of the BMC Act. In view of such statement which is accepted, Advocate for the appellant applies for withdrawal of this Appeal as well as Suit. Appeal from Order as well as Suit therefore, stand disposed off as withdrawn. City Civil Court will pass a formal order in this regard. 3 In view of disposal of Appeal, Civil Application No.880/2009 does not survive and stands disposed off accordingly. 4. City Civil Court to act on an ordinary copy of this order duly authenticated by the Private Secretary/Sheristedar of this Court as a true copy. (R.S.MOHITE,J) 3