: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1275 OF 2009 ALONGWITH CIVIL APPLICATION NO.1595 OF 2009 Goenka & Associates Educational Trust, Mumbai .. Appellants V/s. The Municipal Corporation of Greater Mumbai, Mumbai .. Respondents Mr. M.S. Mhambrey for the Appellants. Mr. J.J. Xavier for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 15 TH JANUARY, 2010. P.C.: 1. The present Appeal from Order has been filed against the order dated 16th November, 2009, passed by the City Civil Court, Dindoshi, Mumbai, by which the Notice of Motion in L.C. Suit No.1509 of 2008 filed by the appellants-plaintiffs had been dismissed. 2. Mr. Xavier, appearing for the respondent- Municipal Corporation, states, on instructions from Mr. Patil (A.E.), Bldg. Proposal, Kandivali, : 2 : Mumbai, that the proposal for regularization dated 1st April, 2008, received by the respondent- Municipal Corporation on 8th April, 2008, has not been disposed of so far. He submits that the respondent-Municipal Corporation will not take any action in respect of the suit structure till the proposal is decided and for a period of two weeks thereafter. 3. In view of the statement made by Mr. Xavier, appearing for the respondent-Municipal Corporation, which is accepted by this Court, the Appeal from Order is disposed of. 4. In view of the above, Civil Application No.1595 of 2009 pending in the Appeal from Order does not survive and the same is dismissed. .......