1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.764 OF 1990 Municipal Corporation of Gr. Mumbai & Anr. ..Appellants versus Mr.N.A.Nimbalkar & Others ..Respondents with FIRST APPEAL NO.765 OF 1990 Municipal Corporation of Gr. Mumbai & Anr. ..Appellants versus Mr.N.A.Nimbalkar & Others ..Respondents with FIRST APPEAL NO.766 OF 1990 Municipal Corporation of Gr. Mumbai & Anr. ..Appellants versus Mr.U.G.Desai ..Respondent 2 with FIRST APPEAL NO.767 OF 1990 Municipal Corporation of Gr. Mumbai & Anr. ..Appellants versus Mr.U.G.Desai ..Respondent Mr.Vinod Mahadik for the appellant-BMC Ms.Shubhangi Subhedar i/b. M/s. Murti & Associates for the respondents CORAM : R.Y.GANOO, J. DATE : 26th JUNE, 2009. P.C: 1. Municipal Corporation of Gr. Bombay has fiiled this appeal being aggrieved by the judgment dated 16.9.1989 passed by the learned Addl. Chief Judge of the Court of Small Causes in four appeals i.e. Municipal Appeal No.304 of 1987, Municipal Appeal No.39/1987, Municipal Appeal No.305 of 1987 and Municipal Appeal No.38 of 1989. As these appeals were taken up for hearing, learned Advocate 3 Ms.Chubhangi Subhedar i/b. M/s. Murti & Associates tendered an affidavit of each of the contesting respondent in the respective appeal enclosing therewith xerox copy of letter dated 27.2.2009 and it is specifically mentioned in each of the affidavit that on account of Corporation having arrived at the decision contained in letter dated 27.2.2009, the appeals filed by the Corporation would not survive as the Corporation has decided to accept the judgment delivered by the Court of Small Causes in the respective cases. 2. Considering the text of the affidavit and the submission made across the bar, it is required to be mentined that if the Corporation has accepted the judgment delivered by the Court of Small Causes, nothing survives in these appeals and the same are required to be disposed of as they have become infructuous. 3. For the reasons mentioned above, all the four appeals are disposed of by passing following 4 order. ORDER i. Affidavit filed by respondents is taken on record. In view of decision of the Corporation so as to accept the decision of the learned Chief Judge, Small Causes Court, these appeals do not survive as they have become infructuous and the same are disposed of accordingly. There shall be no order as to costs. (R.Y.Ganoo, J.)