1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.717 OF 2009 Zuned Usman ..Appellant V/s. The Municipal Corporation of Greater Mumbai ..Respondents ---- Mr.J.J.Shah for the appellant. Mr.J.J.Xavierl for respondent/corporation ---- Coram : R.S.MOHITE,J Date : 21st July, 2009. PC 1 This appeal is filed by the original plaintiff against the dismissal of his Notice of Motion seeking interim reliefs. The suit was for a permanent injunction against the demolition of the suit premises admeasuring 1692 square feet in Juhu galli, Andheri, without following due process of law. The 2nd relief sought in the suit was for a direction that the plaintiff’s application to carry out necessary repairs and renovation to the suit property be considered as per the Circular dated 25.2.2004 and that plaintiff should be allowed to carry out repairs and renovation to the suit premises. Advocate for the original defendant/corporation makes a statement that the suit premises will not be demolished unless a due process of law is followed. He also states that the plaint does not specifically refer to the date of the application made for carrying out repairs. He states that if a fresh application is made, such an application will be disposed of within a period of eight weeks 2 in accordance with law. Both these statements are accepted. Advocate for the plaintiff states that in view of the acceptance of these statements, he will withdraw the Appeal as well as Suit. Appeal from Order as well as Suit are disposed off as withdrawn. The trial Court to pass formal order in this regard. It is made abundantly clear that the issue regarding legality of construction and the right of the Corporation to take action in accordance with law is independent from the question relating to repair of the property. Corporation will be at liberty to take action in accordance with law whether there is any application for repair or not. (R.S.MOHITE,J)