IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION APPEAL APPEAL APPEAL FROM ORDER NO.757 OF 2007 FROM ORDER NO.757 OF 2007 FROM ORDER NO.757 OF 2007 .................................................................. Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. .................................................................. Shri A.S.Khatib for the Appellant. Ms Geeta Joglekar for the Respondent. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : NOVEMBER 02nd, 2007. : NOVEMBER 02nd, 2007. : NOVEMBER 02nd, 2007. P.C.: P.C.: P.C.: 1. It is not in dispute that the appellant is now served with notice dated 23rd February, 2004 issued by the respondent-corporation under section 55 of the Maharashtra Regional and Town Planning Act, 1966. The learned advocate for the appellant pointed out that though the notice relates to the premises held by the appellant, the name mentioned in the notice is incorrect. 2. The learned counsel appearing for the appellant on instructions of the appellant states that the appellant wants to withdraw the suit and this appeal with liberty to file appropriate proceedings for challenging the notice under section 55 of the said Act of 1966. He prays that ad-interim relief granted by the trial court in the ... 2 ... Notice of Motion be continued for a reasonable time. I have heard the learned advocate for the respondent. 3. In view of the prayer made by the advocate for appellant, he is permitted to withdraw the appeal and L.C.Suit No.2528 of 2004 with liberty to file appropriate proceedings for challenging the notice/order under section 55 of the said Act of 1966. For a period of eight weeks from today, parties will maintain status-quo as of today in respect of disputed structure in all respects. 4. The trial Court will pass a formal order on the suit on production of an authenticated copy of this order. 5. The parties and the concerned trial Court to act upon an authenticated copy of this order. JUDGE JUDGE JUDGE