1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTIION FIRST APPEAL NO. 933 OF 2008 FIRST APPEAL NO. 933 OF 2008 FIRST APPEAL NO. 933 OF 2008 WITH CIVIL APPLICATION NO. 2327 OF 2008 IN L.C.SUIT NO.1168 OF 2004 Shri Somnath Shankar Gade ... Appellant Versus Municipal Corporation of Gr.Bombay Respondent Mr.G.S.Singh, Advocate, for the appellant. Mr. J.J.Xavier, Advocate, for the respondent. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 10th July, 2008. DATE: 10th July, 2008. DATE: 10th July, 2008. P.C. P.C. P.C. 1. Heard learned Counsel for the parties. 2. The plaintiff/appellant has preferred the Appeal against dismissal of the suit wherein he has 2 challenged notice issued by the respondent under Section 351 of the Bombay Municipal Corporation Act for removal/demolition of the mezzanine floor in the house on the ground that the mezzanine floor was raised without obtaining necessary permission. 3. The learned Counsel for the plaintiff/appellant states that the plaintiff had purchased the property in the year 2002 but there is no mention of the mezzanine floor in the sale deed. The learned Counsel makes a statement that the property is situated in the slum area and if the construction of mezzanine floor is made before 1997, it may be regularised by the Municipal Corporation under its policy. After some discussion at the Bar, he makes a statement that he wants to approach the Municipal Corporation for regularisation of the mezzanine floor. Therefore, he seeks some protection so that he may approach the Municipal Corporation for regularisation and therefore he seeks to withdraw the Appeal. 4. In the aforesaid circumstances, the Appeal stands disposed of as withdrawn. 5. If the plaintiff/appellant makes a representation to the Municipal Corporation for 3 regularisation of the mezzanine floor within four weeks from this date, the same shall be decided on its own merits after hearing the applicant within eight weeks thereafter. The respondent shall not act upon the impugned notice issued under Section 351 of the Municipal Corporation Act till decision on his representation and for two weeks after the communication of the order if it goes against him. 6. As the Appeal itself is disposed of, the Civil Application No.2327 of 2008 does not survive and stands disposed of accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)