.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 2062 OF 2008 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr.R.J. Thakkar i/b Mr.P.N. Vira for the appellant. Mr.J.J. Xavier for the respondent. CORAM : D.G. KARNIK, J. DATE : 11TH NOVEMBER 2008 P.C. P.C. P.C. : 1. Heard both the learned counsel. Mr. Xavier waives service for the respondent. 2. Counsel for the appellant states that the structure in question has not been demolished so far. 3. By consent of the parties, the following order is passed. (i) The impugned judgment and order is set aside and is substituted by the following order. - 2 - (ii) The respondent will not demolish the suit premises without issuing the prior notice as per the provisions of the Mumbai Municipal Corporation Act and/or the Maharashtra Regional Town Planning Act. (iii) The respondent Municipal Corporation shall, before taking action of demolition of the suit premises, grant an opportunity of hearing to the appellant and pass a speaking order and shall not demolish the premises for a period of 2 weeks after service of the order. (iv) The appeal is disposed of in aforesaid terms. (D.G. KARNIK, J.)