: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.16 OF 2009 ALONGWITH CIVIL APPLICATION NO.15 OF 2009 Shiv Ratanlal Gupta .. Appellant V/s. Municipal Corporation of Greater Mumbai & Anr. .. Respondents Mr. A.C. Singh i/b. Mr. D.R. Shah for the Appellant. Smt. K.K. Soraan i/b. Mr. R.A. Malandkar for Respondent No.1. CORAM : SMT. NISHITA MHATRE, J. DATED : 3 RD MARCH, 2010. P.C.: 1. The Appeal from Order has been preferred against the order dated 20th September, 2008 passed by the City Civil Court, Bombay, in Notice of Motion No.1299 of 2008 in L.C. Suit No.4095 of 2007, refusing relief to the appellant. The appellant has been issued a handcart license for hawking “Sharbat”. He was directed by the notice dated 26th April, 2007 issued by the respondent- Municipal Corporation to surrender his handcart license bearing No.1113 and to submit an : 2 : application for being allotted a pitch license according to the policy of the respondent-Municipal Corporation. The appellant was directed to name his preference of three areas within seven days of the notice, failing which the licence was to be treated as cancelled. 2. The learned Advocate for the respondent- Municipal Corporation, on instructions, states that hearing for a new hawking zone is in progress and no pitches have been allotted in the Mumbai. She states that all hawkers are instructed to continue on their business as per the license already issued to them. She, therefore, states that the appellant is at liberty to ply his handcart on the basis of the license already issued to him; however, not in a stationary position. She further states that the appellant must adhere to the conditions in the license issued to him. 3. In view of these statements made by the learned Advocate for the respondent-Municipal Corporation, the learned Advocate for the appellant seeks leave to withdraw the Appeal from Order. : 3 : 4. The Appeal from Order is allowed to be withdrawn and dismissed as such. 5. In the event, the appellant is found eligible for a pitch license, the same will be allotted to him after the hawking zones are defined. 6. Mr. Singh appearing for the appellant states that the appellant will withdraw the Suit pending before the trial Court within a week from today. 7. In view of the above, Civil Application No.15 of 2009 pending in the Appeal from Order does not survive and the same is dismissed as infructuous.