: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1124 OF 2009 ALONGWITH CIVIL APPLICATION NO.1385 OF 2009 Nurainibi Badruddin Shaikh .. Appellant V/s. The Municipal Corporation of Greater Mumbai .. Respondents Mr. B.P. Shukla for the Appellant-Applicant. Smt. K.K. Soraan for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 2 ND DECEMBER, 2009. P.C.: 1. The learned Advocate for the respondent- Municipal Corporation states that the Appeal from Order has become infructuous since she has received instructions that the appellant-applicant has voluntarily removed the affected portion of the structure from the alignment of the road widening work of J.M. Link Road. She, therefore, states that the Appeal from Order has become infructuous. : 2 : 2. The Appeal from Order is dismissed as infructuous in view of the statement made by the learned Advocate for the respondent-Municipal Corporation on the basis of the instructions from Mr. S.G Main, J.E. (Maintenance), M/West Ward of the respondent-Municipal Corporation, who is present in Court. 3. The learned Advocate for the appellant- applicant states that since the notice itself has become infructuous, he will apply to the trial Court for withdrawal of the Suit within a period of two weeks from today. 4. In view of the above, Civil Application No.1385 of 2009 pending in the Appeal from Order does not survive and the same is dismissed. .......