ash 1 50ao-1406.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO. 1406 OF 2010 Mohammed Farooque Abdul Majid Shaikh & Anr. .. Appellant Vs Municipal Corporation of Greater Mumbai. .. Respondent -- Shri Y.E. Mooman i/by Shri M.B. Gawde for the Appellant. Mrs. K.K. Soraan for Respondent. -- CORAM ; A.S. OKA, J DATED : 7TH MARCH, 2011 P.C. Learned counsel appearing for the Appellant on the instructions of the Appellant seeks permission to unconditionally withdraw the suit with liberty to file appropriate proceedings under the Maharashtra Land Revenue Code, 1966 for challenging the order/notice under Section 50 thereof. Further, he seeks a limited protection to enable the Appellants to take appropriate steps. 2. Hence the Appeal is disposed of by passing the following order:- (a) L.C. Suit No. 2756 of 2009 is dismissed as withdrawn with no orders as to costs with liberty to file appropriate proceedings under the Maharashtra Land Revenue Code, 1966. ash 2 50ao-1406.10 (b) If such proceedings are filed, the concerned Authority will decide the same on its own merits without being influenced by the dismissal of the Notice of Motion. (c) To enable the Appellants to take appropriate steps, the status quo as of today, shall be maintained for a period of eight weeks from today. (d) The Appeal is disposed of on above terms with no orders as to costs. (e) The Trial Court will pass a formal order on the suit in terms of this order. (f) Civil Application No.1732 of 2010 does not survive and the same is disposed of. ( A.S. OKA, J )