1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.107 OF 2009 WITH CIVIL APPLICATION NO.126 OF 2009 Shaina Sayed Azim : Appellant. Versus The Mumbai Housing and Area Development Authority : Respondent. Shri Khayam Shaikh i/by Mr. R Jayabhave for the Appellant. Shri Shailesh More, AGP, for the Respondent. CORAM : R.M.SAVANT, J. DATED : FEBRUARY 12, 2009 P.C. 1. The instant proceedings have arisen on account of the order dated 13th January 2009 by which order the Estate Manager (V), Mumbai Housing and Area Development Board (hereinafter referred to as the Mumbai Board) cancelled the regularisation of the open plot of land bearing No.9/1647, Bharatnagar, Bandra (E) in favour of the 2 Appellants. 2. The principal grievance of the Appellant is that the said order has been passed in breach of the principles of the natural justice, as the Appellant was not heard prior to passing of the said order. 3. Though by the impugned order passed by the learned Judge, City Civil Court, Mumbai, ad interim relief has been refused to the Appellant, in my view, the interest of justice would be served if opportunity of hearing is offered to the Appellant and thereafter appropriate orders are passed by the competent authority of the Mumbai Board in accordance with law. 4. The learned AGP Shri Shailesh More, on instructions of the Estate Manager Shri Shamsunder Parab, which instructions, he states, have been received by him telephonically as well as through Mrs.Sarika Eknath Dhavalkar, the Senior Clerk working in the office of 3 the Estate Manager (V) who is personally present in Court, makes a statement that the Appellant would be given an hearing by the concerned officer of the Mumbai Board and thereafter appropriate orders would be passed in accordance with law. 5. In view of the said statement, the learned counsel for the Appellant Shri Shaikh states that the above Appeal from Order as well as the Suit pending before the City Civil Court have become infructuous and seeks withdrawal of the same. 6. The above Appeal from Order is, therefore, dismissed as withdrawn. 7. In so far as Suit is concerned, Shri Shaikh, the learned counsel for the Appellant, states that the Appellant would withdraw the said suit within a period of one week from date. 9. The Appellant to appear before Shri Parab, the Estate 4 Manager of the Mumbai Board on 2nd March 2009 at 11.00 a.m. Shri Parab, thereafter may communicate to the Appellant the date, time and the officer before whom the Appellant has to appear for hearing, in case the hearing has to be given by a person other than him. The concerned Officer of the Mumbai Board to pass appropriate orders within four weeks of the Appellant appearing before him. In the event the concerned officer passes an order which is adverse to the Appellant, the same not to be given effect for a period of ten days from the date of passing of that order. 10. In view of the withdrawal of the above Appeal, the Civil Application No.126 of 2009 does not survive and the same is accordingly disposed of. [R.M.SAVANT, J]