: 1 : conp-10-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 10 OF 2010 IN NOTICE OF MOTION NO. 1052 OF 1994 IN SUIT NO. 2528 OF 1993 Fulchand Nate Gupta & Anr. .. Petitioners v/s. Deepchand Nate Gupta & Ors. .. Respondents ......... Mr. Anil C. Singh i/by D.R. Shah for the plaintiffs ......... CORAM : R.Y.GANOO, J. DATE : 15th OCTOBER, 2010 P.C. : 1. As the matter was called out, learned Counsel for the petitioners applied for withdrawal of this petition. He also sought liberty to challenge the action of demolition of structure which was sought to be demolished by notice dated 29th February, 2008, which notice is annexed on page 51. Petition is allowed to be withdrawn with liberty as prayed for so as to challenge the demolition of the structure covered by notice dated 29th February, 2008 by the Corporation is granted. : 2 : conp-10-10=.sxw 2. It is clarified that this Court has not gone into the question as to whether the said demolition was proper or otherwise. If at all such suit is filed, the Court shall consider the matter on merits. Learned Counsel Mr. Singh states that such proceedings will be filed in the City Civil Court, Bombay. Learned Counsel Mr. Singh states that he will move the Court by giving 72 hours notice to the Corporation. If at all such suit is filed, learned Judge of the City Civil Court shall not pass any ad-interim order without hearing the Corporation. Alternatively, learned Counsel for the petitioners states that he may file Writ Petition. In such case, 72 hours notice should be given to the Corporation. (R.Y.GANOO, J.)