1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 611 OF 2009 IN NOTICE OF MOTIN NO. OF 2007 IN S.C.SUIT NO. 167 OF 2007 Arun Damji Gada ... Appellant (Org.Plaintiff) Vs. Municipal Corporation of Greater Bombay & Anr. ... Respondents (Orig.Defendants) Mr. Birendra Saraf i/b. Mr. Yogesh N.Adhia,Advocates, for the appellant. Mrs.K.K.Saran,Advocate, for the respondent No.1 – BMC. CORAM: J.H.BHATIA, J. DATE : 30th March,2010. P.C. 1. The learned Counsel for the appellant states that the suit as well as the Notice of Motion were filed by the plaintiff/appellant apprehending that the respondent No.2-Society wanted to demolish a wall between the two properties. However, the statement made by Meera Goyal, Chairman of the defendant no.2- Society in para 13 of his affidavit shows that the Society is also interested in protecting the wall. In view of this, the learned Counsel for the appellant seeks to 2 withdraw the appeal with liberty to take out a fresh Notice of Motion in case the need be in future. 2. In view of this, the Appeal stands disposed of as withdrawn with the aforesaid liberty. 3. As the appeal itself is disposed of, C.A. No.767 of 2008 does not survive and stands disposed of accordingly. (J.H.BHATIA,J.)