: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.128 OF 2008 Khimji Jaggu Rathod ..Appellant. Vs. General Manager, Western Railway & Ors. ..Respondents. Mr.J.N.Jayale for the Appellant. Mr.Chetan Agarwal for Respondent No.1. Mr.B.H. Mehta, A.G.P. for Respondent No.2. Mrs.Geeta Joglekar for Respondent No.3 BMC. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 15TH APRIL, 2008 DATED : 15TH APRIL, 2008 DATED : 15TH APRIL, 2008 P.C. : P.C. : P.C. : The learned counsel for Respondent No.1 states that Respondent No.1 will evict the Appellant only by following due process of law. 2. On behalf of Respondent No.3 also it is stated that if replies have been filed to the impugned notice, no action would be taken against the suit structure without an order being passed thereon. 3. The above statements are accepted. The Appeal from Order is disposed of in terms of the above statements. 4. In the circumstances, the suit filed before the City Civil Court is also disposed of in terms of the said statements.