1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.670 OF 2011 WITH CIVIL APPLICATION NO.898 OF 2011 Anand G. Jariwala ...Appellant. v. The M.C.G.M. ...Respondents. Mr.G.C.Singh ,adv. For the Appellant. Smt. K.K.Soran, adv. For the Respondent/BMC. CORAM : J.H. BHATIA, J. DATED : JUNE 28, 2011. P.C. 1 Heard. 2 The appeal is preferred against the refusal of ad-interim relief in Notice of Motion No.1303 of 2011 in Long Cause Suit No.1128 of 2011 challenging the notice under Section 351 and the order passed thereon. As per the record, it appears that there is some discrepancy in the house number of the property in dispute and according to the plaintiff/appellant, he has not being given sufficient opportunity to reply. 3 After some discussion at the bar, the learned counsel for the Municipal Corporation concedes that the concerned Assistant Municipal Commissioner shall after giving due opportunity of filing reply and hearing, pass appropriate order on the said notice. In view of this 2 statement, the learned counsel for the appellant seeks to withdraw the appeal as well as the application and the suit preferred in the trial Court. 4 Appeal and the application stand disposed off accordingly. 5 The appellant shall file reply before the concerned Assistant Municipal Commissioner within 15 days from this date and the concerned Assistant Municipal Commissioner shall pass order on the impugned notice under Section 351 afresh after considering the reply and the documents, which may be filed by the appellant. Till the decision thereon, parties shall maintain status-quo. (J.H. BHATIA,J.)