: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.460 OF 2008 FIRST APPEAL NO.460 OF 2008 FIRST APPEAL NO.460 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.3482 OF 2007 CIVIL APPLICATION NO.3482 OF 2007 CIVIL APPLICATION NO.3482 OF 2007 Sangita Harischandra More ...Appellant V/s. Mumbai Municipal Corporation of . Greater Bombay & Anr. ...Respondents Ms.Archana Gupte, Advocate, for the Appellant. . Mr.J.J. Xavier, Advocate, for the Respondents. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 14TH MARCH, 2008. DATE : 14TH MARCH, 2008. DATE : 14TH MARCH, 2008. P.C.: P.C.: P.C.: 1. Heard Advocate for the appellant and Advocate for the respondents. The Advocate for the respondents, on instructions of Mr.D.N. Shinde, Sub-Engineer, K/W Ward, Municipal Corporation, states that the suit structure of the appellant has been already relocated. He has produced for my perusal a sketch showing the place (No.19) at which the suit structure has been relocated. On instructions, he further states that as of today the respondent-Corporation does not desire to disturb or demolish the relocated structure and in the event the respondent-Corporation wants to demolish or remove the relocated structure, sufficient notice in writing will : 2 : be given to the appellant. The statement is accepted. 2. The suit filed by the appellant which is dismissed by the impugned order was simplicitor for injunction restraining the respondent-Corporation from demolishing the original structure of the appellant without due process of law. In view of what is stated by the learned Advocate for the respondents, the Appeal will not survive. At this stage Advocate for the respondents points out that the land below the original structure has been utilized for making a play ground as the entire land has been acquired for the public purpose of play ground. He stated that the original structures including the structure of the appellant have been relocated by the side of the play ground. 3. Hence, the Appeal does not survive and the same is disposed of. 4. In view of this order, Civil Application No.3482 of 2007 does not survive and the same is disposed of. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]